FIFTY-SEVENTH DAY
MORNING SESSION
Senate Chamber, Olympia, Monday, March 6, 2006
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 with the exception of Senator Doumit.
The Sergeant at Arms Color Guard consisting of Pages Jonathan Turner and Audrey Shin, presented the Colors. Pastor Michael Anderson of Holy Spirit Lutheran Church offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Eide, the Senate advanced to the third order of business.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Green River Community College Audit Report. This report is mandated under RCW 43.09.310.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Green River Community College Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington State Barley Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington State Barley Commission Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington State Barley Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington State Barley Commission Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington State Wheat Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington State Wheat Commission Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington State Wheat Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington State Wheat Commission Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington Apple Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington Apple Commission Audit Report is on file in the Office of the Secretary of the Senate.
MESSAGES FROM THE STATE OFFICES
March 3, 2006
STATE OF WASHINGTON
Olympia, Washington 98504-5000
Mr. Thomas Hoemann
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Dear Mr. Hoemann:
Enclosed is Washington Apple Commission Audit Report.
If you have any questions about the report, please call 360-902-0370.
Sincerely,
Brian Sonntag, State Auditor
The Washington Apple Commission Audit Report is on file in the Office of the Secretary of the Senate.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
March 4, 2006
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 6247,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 4, 2006
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 6141,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 4, 2006
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080,
SUBSTITUTE HOUSE BILL NO. 1257,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850,
SECOND SUBSTITUTE HOUSE BILL NO. 2002,
ENGROSSED HOUSE BILL NO. 2322,
SUBSTITUTE HOUSE BILL NO. 2415,
SUBSTITUTE HOUSE BILL NO. 2471,
SECOND SUBSTITUTE HOUSE BILL NO. 2498,
SUBSTITUTE HOUSE BILL NO. 2500,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
At 10:11 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 11:18 a.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Kohl-Welles moved that Gubernatorial Appointment No. 9342, R. James Cook, as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority, be confirmed.
Senators Kohl-Welles, Schoesler and Rasmussen spoke in favor of the motion.
APPOINTMENT OF R. JAMES COOK
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9342, R. James Cook as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9342, R. James Cook as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Absent: Senators Doumit and Jacobsen - 2
Gubernatorial Appointment No. 9342, R. James Cook, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Kohl-Welles moved that Gubernatorial Appointment No. 9368, Bruce Montgomery, as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority, be confirmed.
Senators Kohl-Welles and Esser spoke in favor of the motion.
MOTION
On motion of Senator Schoesler, Senator Mulliken was excused.
APPOINTMENT OF BRUCE MONTGOMERY
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9368, Bruce Montgomery as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9368, Bruce Montgomery as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senators Carrell and Doumit - 2
Excused: Senator Mulliken - 1
Gubernatorial Appointment No. 9368, Bruce Montgomery, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
MOTION
On motion of Senator McCaslin, Senator Morton was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Kohl-Welles moved that Gubernatorial Appointment No. 9394, Cheryl Scott, as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority, be confirmed.
Senator Kohl-Welles spoke in favor of the motion.
MOTION
On motion of Senator Weinstein, Senator Fairley was excused.
APPOINTMENT OF CHERYL SCOTT
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9394, Cheryl Scott as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9394, Cheryl Scott as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority and the appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senators Doumit and Hargrove - 2
Excused: Senators Fairley and Mulliken - 2
Gubernatorial Appointment No. 9394, Cheryl Scott, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Kohl-Welles moved that Gubernatorial Appointment No. 9402, Gary Locke, as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority, be confirmed.
Senator Kohl-Welles spoke in favor of the motion.
Senator Honeyford spoke against the motion.
MOTION
On motion of Senator Regala, Senators Doumit and Hargrove were excused.
APPOINTMENT OF GARY LOCKE
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9402, Gary Locke as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9402, Gary Locke as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority and the appointment was confirmed by the following vote: Yeas, 37; Nays, 6; Absent, 3; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Thibaudeau, Weinstein and Zarelli - 37
Voting nay: Senators Deccio, Honeyford, Pflug, Schoesler, Stevens and Swecker - 6
Absent: Senators Carrell, Morton and Poulsen - 3
Excused: Senators Doumit, Hargrove and Mulliken - 3
Gubernatorial Appointment No. 9402, Gary Locke, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, The Life Sciences Discovery Fund Authority.
MOTION
On motion of Senator Schoesler, Senators Carrell and Morton were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Fraser moved that Gubernatorial Appointment No. 9399, Kathleen D. Mix, as a member of the Pollution Control/Shorelines Hearings Board, be confirmed.
Senator Fraser spoke in favor of the motion.
APPOINTMENT OF KATHLEEN D. MIX
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9399, Kathleen D. Mix as a member of the Pollution Control/Shorelines Hearings Board.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9399, Kathleen D. Mix as a member of the Pollution Control/Shorelines Hearings Board and the appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Doumit - 1
Gubernatorial Appointment No. 9399, Kathleen D. Mix, having received the constitutional majority was declared confirmed as a member of the Pollution Control/Shorelines Hearings Board.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SENATE BILL NO. 5048,
ENGROSSED SENATE BILL NO. 5232,
SUBSTITUTE SENATE BILL NO. 6161,
MESSAGE FROM THE HOUSE
February 28, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5305, with the following amendments{s} 5305-S.E AMH HC AMH5277.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that vaccinations and immunizations are among the most important public health innovations of the last one hundred years. The centers for disease control and prevention placed vaccinations at the top of its list of the ten greatest public health achievements of the twentieth century. In its efforts to improve public health in the world's poorest countries, the Bill and Melinda Gates foundation has identified childhood immunization as a cost-effective method of improving public health and saving the lives of millions of children around the world.
Fortunately, in Washington, safe and cost-effective vaccinations against childhood diseases are widely available through both public and private resources. The vaccines that the Washington state department of health provides to meet the requirements for the recommended childhood vaccination schedule through its universal childhood vaccine program are screened for thimerosal and preference is given toward the purchase of thimerosal-free products. The department of health currently provides thimerosal-free products for all routinely recommended childhood vaccines. Regardless of the absence of thimerosal in childhood vaccines in Washington, scientifically reputable organizations such as the centers for disease control and prevention, the national institute of medicine, the American academy of pediatrics, the food and drug administration, and the world health organization have all determined that there is no credible evidence that the use of thimerosal in vaccines poses a threat to the health and safety of children.
Notwithstanding these assurances of the safety of the vaccine supply, the legislature finds that where there is public concern over the safety of vaccines, vaccination rates may be reduced to the point that deadly, vaccine-preventable, childhood diseases return. This measure is being enacted to maintain public confidence in vaccine programs, so that the public will continue to seek vaccinations and their health benefits may continue to protect the people of Washington.
NEW SECTION. Sec. 2. A new section is added to chapter 70.95M RCW to read as follows:
(1) Beginning July 1, 2007, a person who is known to be pregnant or who is under three years of age shall not be vaccinated with a mercury-containing vaccine or injected with a mercury-containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose and does not meet food and drug administration vaccine licensing requirements.
(2) Notwithstanding subsection (1) of this section, an influenza vaccine may contain up to 1.0 micrograms of mercury per 0.5 milliliter dose.
(3) The secretary of the department of health may, upon declaration of a public health emergency, suspend the requirements of this section for the duration of the emergency."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5305 and ask the House to recede therefrom.
Senators Rasmussen and Roach spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Rasmussen that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5305 and ask the House to recede therefrom.
The motion by Senator Rasmussen carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5305 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5330, with the following amendments{s} 5330.E AMH EDAT H5332.2.
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1. The legislature declares that it is the state's policy to encourage the use of federal and private funds for economic development purposes and to use state resources to leverage federal and private dollars to supplement state economic development efforts.
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 RCW to read as follows:
(1) The department shall make available, within existing resources, an inventory of grant opportunities for state agencies, local governments, and other community organizations engaged in economic development activities.
(2) In developing the inventory of economic development grant opportunities, the department may:
(a) Regularly review the federal register for opportunities to apply for grants, research projects, and demonstration projects;
(b) Maintain an inventory of grant opportunities with private foundations and businesses; and
(c) Consult with federal officials, including but not limited to those in the small business administration, the department of labor, the department of commerce, the department of agriculture, the department of ecology, as well as private foundations and businesses, on the prospects for obtaining federal and private funds for economic development purposes in Washington state.
(3) The department may also facilitate joint efforts between agencies and between local organizations and state agencies that will increase the likelihood of success in grant seeking and the attraction of major events."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Shin moved that the Senate refuse to concur in the House amendment(s) to Engrossed Senate Bill No. 5330 and ask the House to recede therefrom.
Senators Shin and Pflug spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Shin that the Senate refuse to concur in the House amendment(s) to Engrossed Senate Bill No. 5330 and ask the House to recede therefrom.
The motion by Senator Shin carried and the Senate refused to concur in the House amendment(s) to Engrossed Senate Bill No. 5330 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
February 24, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6386, with the following amendments{s} 6386-S.E AMH APP AMH5297.5.
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 2005 c 518 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund--State Appropriation (FY 2006). . (($30,411,000))
$30,261,000
General Fund--State Appropriation (FY 2007). . (($30,900,000))
$30,934,000Pension Funding Stabilization Account Appropriation$167,000
TOTAL APPROPRIATION. . .(($61,311,000))
$61,362,000
The appropriations in this section are subject to the following conditions and limitations: (((2))) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the children's and family services task force established in Engrossed Substitute Senate Bill No. 5872 (family/children's department). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
Sec. 102. 2005 c 518 s 102 (uncodified) is amended to read as follows:
FOR THE SENATE
General Fund--State Appropriation (FY 2006). . . . .$23,253,000
General Fund--State Appropriation (FY 2007). . (($25,368,000))
$25,395,000Pension Funding Stabilization Account Appropriation$125,000
TOTAL APPROPRIATION. . .(($48,621,000))
$48,773,000
The appropriations in this section are subject to the following conditions and limitations:
$25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the children's and family services task force established in Engrossed Substitute Senate Bill No. 5872 (family/children's department). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
Sec. 103. 2005 c 518 s 103 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW
COMMITTEE
General Fund--State Appropriation (FY 2006). . . (($2,531,000))
$2,294,000
General Fund--State Appropriation (FY 2007). . . (($1,953,000))
$2,869,000Pension Funding Stabilization Account Appropriation$9,000
TOTAL APPROPRIATION. . . .(($4,484,000))
$5,172,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Notwithstanding the provisions in this section, the committee may adjust the due dates for projects included on the committee's 2005-07 work plan as necessary to efficiently manage workload.
(2)(a) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for a study of the basic health plan. Part 1 of the study shall examine the extent to which basic health plan policies and procedures promote or discourage the provision of appropriate, high-quality, cost-effective care to basic health plan enrollees. Issues to be addressed include, but are not limited to, whether (i) enrollees are encouraged to engage in wellness activities and receive preventative services; (ii) evidence-based treatment strategies are identified and promoted; (iii) enrollees are encouraged to use high-quality providers; (iv) enrollees with chronic or other high-cost conditions are identified and provided with appropriate interventions; and (v) innovative health care service delivery methods are encouraged. Part 1 of the study report shall be completed by December 2005.
(b) Part 2 of the study shall examine the characteristics of individuals enrolled in the basic health plan, and their use of health care services, including, but not limited to, (i) enrollee longevity on the basic health plan; (ii) circumstances that led to basic health plan enrollment; (iii) how enrollees obtained health care prior to basic health plan enrollment; (iv) health care coverage of other household members; (v) service utilization patterns; and (vi) employment status and by whom basic health plan enrollees are employed. Part 2 of the study must be completed by July, 2006.
(3) (($188,000)) $37,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $151,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the public infrastructure study and the cost of evaluating the effectiveness of the job development fund grant program required by House Bill No. 1903 (creating a job development fund). If House Bill No. 1903 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(4) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for an evaluation of the budget process used for information technology projects. The evaluation will include: Itemizing total costs for current information technology funding across state agencies; analyzing current processes by which information funding is requested and evaluated; analyzing processes used in the private sector and other states; and assessing the applicability of other practices for improving the state's funding process. A report is due in January 2006.
(5) $125,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for a study of the current state pupil transportation funding formula. The study will evaluate the extent to which the formula captures the costs of providing pupil transportation for basic education programs. Based on the results of this evaluation, the study shall develop alternative formulas for allocating state funding to school districts for the transportation of students for basic education programs. The alternative formulas shall take into account the legislative definition of basic education programs, promote the efficient use of state and local resources, and allow local district control over the management of pupil transportation systems. In addition, the study shall include a review of the funding mechanisms used by other states and identify best practices.
(6) Within amounts provided in this section, the committee shall conduct a review of the special education excess cost accounting methodology and expenditure reporting requirements. The committee shall work with the state auditor's office and develop a mutually acceptable work plan in conducting this review. This review may include, but is not limited to: (a) An analysis of the current special education excess cost accounting methodology and related special education expenditure reporting requirements; (b) an examination of whether opportunities exist for modifying the current excess cost accounting methodology and expenditure reporting requirements; (c) an assessment of the potential impact on school districts if the current excess cost accounting methodology and expenditure reporting requirements are modified; and (d) any findings and recommendations from the state auditor's office examination of whether school districts are appropriately and consistently applying the current excess cost methodology. The committee shall provide a report to the appropriate policy and fiscal committees of the legislature in January 2006.
(7) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the consultant costs related to the study identified in section 505 of Engrossed Second Substitute Senate Bill No. 5763 (mental disorders treatment). If this section is not enacted by June 30, 2005, these amounts shall lapse.
(8) $86,000 of the general fund--state appropriation for fiscal year ((2006)) 2007 is provided solely to implement the provisions of Engrossed Substitute House Bill No. 1064 (government performance). If Engrossed Substitute House Bill No. 1064 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(9) $190,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for purposes of legislative hearings and reporting requirements under Initiative Measure No. 900 (chapter 1, Laws of 2006; performance audits).
(10) $375,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the review of tax preferences and to staff the citizen commission for performance measurement of tax preferences required in Engrossed House Bill No. 1069 (audits of tax preferences). If Engrossed House Bill No. 1069 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(11) $42,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the evaluation of the effectiveness of the local infrastructure financing tool program required in Engrossed Second Substitute House Bill No. 2673 (local infrastructure). If Engrossed Second Substitute House Bill No. 2673 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $56,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the cost of conducting a performance audit of the department of natural resources' aquatic resources program required by House Bill No. 3237 (aquatic lands). If House Bill No. 3237 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(13) $14,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the cost of conducting a review of the staffing levels for department of health investigators and attorneys involved in the health professions disciplinary process required by Substitute House Bill No. 2974 (health profession discipline). If Substitute House Bill No. 2974 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 104. 2005 c 518 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund--State Appropriation (FY 2006). . . . . .$1,737,000
General Fund--State Appropriation (FY 2007). . . (($1,921,000))
$1,924,000Pension Funding Stabilization Account Appropriation$10,000
TOTAL APPROPRIATION. . . .(($3,658,000))
$3,671,000
Sec. 105. 2005 c 518 s 106 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund--State Appropriation (FY 2006). . . . . .$7,288,000
General Fund--State Appropriation (FY 2007). . . (($7,248,000))
$7,252,000Pension Funding Stabilization Account Appropriation$25,000
TOTAL APPROPRIATION. . .(($14,536,000))
$14,565,000
Sec. 106. 2005 c 518 s 107 (uncodified) is amended to read as follows:
FOR THE STATUTE LAW COMMITTEE
General Fund--State Appropriation (FY 2006). . . . . .$4,112,000
General Fund--State Appropriation (FY 2007). . . (($4,398,000))
$4,401,000Pension Funding Stabilization Account Appropriation$20,000
TOTAL APPROPRIATION. . . .(($8,510,000))
$8,533,000
Sec. 107. 2005 c 518 s 105 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE STATE ACTUARY
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . (($3,013,000))
$3,022,000
The appropriation in this section is subject to the following conditions and limitations: By December 1, 2005, the state actuary shall conduct an actuarial analysis that quantifies, to the greatest extent permissible from available experience data, the fiscal impact of the retire-rehire program for plan 1 of the public employees' retirement system and the teachers' retirement system enacted by chapter 10, Laws of 2001 and chapter 412, Laws of 2003. In addition to the actuarial analysis, the state actuary shall present a range of legislative alternatives to the plan 1 retire-rehire program, including an actuarial analysis of the fiscal impact of proposals to increase the maximum retirement allowance beyond sixty percent of average final compensation. The analysis shall be submitted to the select committee on pension policy, the senate committee on ways and means, and the house of representatives committee on appropriations.
Sec. 108. 2005 c 518 s 109 (uncodified) is amended to read as follows:
FOR THE SUPREME COURT
General Fund--State Appropriation (FY 2006). . . (($6,085,000))
$6,095,000
General Fund--State Appropriation (FY 2007). . . (($6,346,000))
$6,397,000Pension Funding Stabilization Account Appropriation$37,000
TOTAL APPROPRIATION. . .(($12,431,000))
$12,529,000
Sec. 109. 2005 c 518 s 112 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund--State Appropriation (FY 2006). . . . . .$1,055,000
General Fund--State Appropriation (FY 2007). . . (($1,107,000))
$1,109,000Pension Funding Stabilization Account Appropriation$5,000
TOTAL APPROPRIATION. . . .(($2,162,000))
$2,169,000
Sec. 110. 2005 c 518 s 110 (uncodified) is amended to read as follows:
FOR THE LAW LIBRARY
General Fund--State Appropriation (FY 2006). . . (($2,011,000))
$2,013,000
General Fund--State Appropriation (FY 2007). . . (($2,020,000))
$2,024,000Pension Funding Stabilization Account Appropriation$5,000
TOTAL APPROPRIATION. . . .(($4,031,000))
$4,042,000
Sec. 111. 2005 c 518 s 111 (uncodified) is amended to read as follows:
FOR THE COURT OF APPEALS
General Fund--State Appropriation (FY 2006). . (($13,866,000))
$13,916,000
General Fund--State Appropriation (FY 2007). . (($14,358,000))
$14,393,000Pension Funding Stabilization Account Appropriation$80,000
TOTAL APPROPRIATION. . .(($28,224,000))
$28,389,000
Sec. 112. 2005 c 518 s 113 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund--State Appropriation (FY 2006). . (($19,657,000))
$19,834,000
General Fund--State Appropriation (FY 2007). . (($20,081,000))
$21,328,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($50,106,000))
$50,277,000
Judicial Information Systems Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($25,641,000))
$26,051,000Pension Funding Stabilization Account Appropriation$96,000
TOTAL APPROPRIATION. .(($115,485,000))
$117,586,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $900,000 of the general fund--state appropriation for fiscal year 2006 and $900,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for court-appointed special advocates in dependency matters. The administrator for the courts, after consulting with the association of juvenile court administrators and the association of court-appointed special advocate/guardian ad litem programs, shall distribute the funds to volunteer court-appointed special advocate/guardian ad litem programs. The distribution of funding shall be based on the number of children who need volunteer court-appointed special advocate representation and shall be equally accessible to all volunteer court-appointed special advocate/guardian ad litem programs. The administrator for the courts shall not retain more than six percent of total funding to cover administrative or any other agency costs.
(2) $3,000,000 of the public safety and education account appropriation is provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. The office of the administrator for the courts shall develop an interagency agreement with the office of the superintendent of public instruction to allocate the funding provided in this subsection. Allocation of this money to school districts shall be based on the number of petitions filed.
(3) $13,224,000 of the public safety and education account appropriation is provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. The office of the administrator for the courts shall not retain any portion of these funds to cover administrative costs. The office of the administrator for the courts, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula shall neither reward counties with higher than average per-petition processing costs nor shall it penalize counties with lower than average per-petition processing costs.
(4) The distributions made under subsection (3) of this section and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.
(5) Each fiscal year during the 2005-07 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions. Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year. The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives appropriations committee and the senate ways and means committee no later than 60 days after a fiscal year ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.
(6) $82,000 of the general fund--state appropriation for fiscal year 2006 and $82,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1112 (creating an additional superior court position). If the bill is not enacted by June 30, 2005, the amounts in this subsection shall lapse.
(7) $75,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the implementation of Substitute House Bill No. 1854 (driving privilege) and Engrossed Second Substitute Senate Bill No. 5454 (court operations). If neither bill is enacted by June 30, 2005, the amount in this subsection shall lapse.
Sec. 113. 2005 c 518 s 114 (uncodified) is amended to read as follows:
FOR THE OFFICE OF PUBLIC DEFENSE
General Fund--State Appropriation (FY 2006). . . (($1,490,000))
$1,565,000
General Fund--State Appropriation (FY 2007). . . (($2,078,000))
$11,887,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($13,175,000))
$13,181,000
TOTAL APPROPRIATION. . .(($16,743,000))
$26,633,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $800,000 of the general fund--state appropriation for fiscal year 2006 and (($1,000,000)) $5,659,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to expand the parent representation project in dependency and termination cases.
(2) Amounts provided from the public safety and education account appropriation in this section include funding for investigative services in death penalty personal restraint petitions.
(3) Within amounts appropriated in this section and in Engrossed Second Substitute Senate Bill No. 5454, the office may, at its discretion, implement Second Substitute House Bill No. 1542 (indigent defense services).
Sec. 114. 2005 c 518 s 115 (uncodified) is amended to read as follows:
FOR THE OFFICE OF CIVIL LEGAL AID
General Fund--State Appropriation (FY 2006). . . (($2,883,000))
$3,083,000
General Fund--State Appropriation (FY 2007). . . (($2,832,000))
$3,232,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,705,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$2,987,000
TOTAL APPROPRIATION. . .(($13,407,000))
$14,007,000
((The appropriations in this section are subject to the following conditions and limitations:
(1) $2,783,000 of the general fund--state appropriation for fiscal year 2006, $2,732,000 of the general fund--state appropriation for fiscal year 2007, $4,705,000 of the public safety and education account--state appropriation, and $2,987,000 of the violence reduction and drug enforcement account--state appropriation are contingent upon enactment of Substitute House Bill No. 1747 (civil legal services). If the bill is not enacted by June 30, 2005, these appropriations shall be made to the department of community, trade, and economic development and are provided solely for the purpose of civil legal services.
(2) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are contingent upon enactment of Substitute House Bill No. 1747 (civil legal services). If the bill is not enacted by June 30, 2005, the appropriation shall be made to the department of community, trade, and economic development and is provided solely for a general farm organization with members in every county of the state to develop and administer an alternative dispute resolution system for disputes between farmers and farm workers.))
Sec. 115. 2005 c 518 s 116 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund--State Appropriation (FY 2006). . . . . .$5,600,000
General Fund--State Appropriation (FY 2007). . . (($5,279,000))
$5,886,000
General Fund--Federal Appropriation. . . . . . . . . . (($1,364,000))
$1,366,000
Oil Spill Prevention Account Appropriation. . . . . . . . . $508,000
Water Quality Account--State Appropriation. . . . (($4,184,000))
$4,193,000Economic Development Strategic Reserve
Account Appropriation
. . . . . . . . . . . $4,000,000Pension Funding Stabilization Account Appropriation$24,000
TOTAL APPROPRIATION. . .(($16,935,000))
$21,577,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,112,000 of the water quality account appropriation and $1,150,000 of the general fund--federal appropriation are provided solely for the Puget Sound water quality action team to implement the Puget Sound conservation and recovery plan action items PSAT-01 through PSAT-06.
(2) $200,000 of the general fund--state appropriation for fiscal year 2006, $200,000 of the general fund--state appropriation for fiscal year 2007, and $200,000 of the general fund--federal appropriation are provided solely for one-time corrective actions to address Hood canal's dissolved oxygen problems, the Puget Sound conservation and recovery plan action item PSAT-07.
(3) As described in section 129(7) of this act, the Puget Sound water quality action team shall make recommendations and report on monitoring activities related to salmon recovery.
(4) $250,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1152 (early learning council). If House Bill No. 1152 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(5) For the governor's funding request pursuant to RCW 74.39A.300 to be submitted to the legislature by December 20, 2006, it is the intent of the legislature to consider a fringe benefits funding request that provides health care benefits substantially equivalent in cost to those available to individual providers pursuant to chapter 25, Laws of 2003 1st sp. sess.
(6) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely as a grant to the Hood Canal Coordinating Council to implement Engrossed Substitute House Bill No. 2097 (management program for Hood Canal). ((If Engrossed Substitute House Bill No. 2097 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.))
(7) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a review of ocean policy issues in cooperation with individuals with appropriate expertise and the departments of ecology, fish and wildlife, and natural resources. By December 31, 2005, the governor's office shall identify the recommendations of the U.S. commission on ocean policy appropriate for immediate implementation. By December 31, 2006, the governor's office shall provide a report: (a) Summarizing the condition of the state's ocean resources and their contribution to the state's character, quality of life, and economic viability; (b) recommending improvements in coordination among state agencies and other jurisdictions; (c) recommending measures to protect and manage ocean resources; (d) recommending measures to finance ocean protection, management, and development programs; and (e) recommending legislation regarding ocean resources or policy.
(8) $508,000 of the oil spill prevention account appropriation is provided solely for the oil spill advisory council established in Engrossed Substitute Senate Bill No. 5432 (oil spill oversight council). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(9) The economic development strategic reserve account appropriation is provided solely for the purpose of implementing chapter 427, Laws of 2005 (2SSB 5370).
(10)(a) $297,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Puget Sound action team in coordination with the Hood Canal coordinating council to contract for the initial phase of a two-part study in the Hood Canal to: (i) Improve data and knowledge of the loading of nitrogen from on-site sewage systems to ground water; (ii) determine the local scale efficiency of nitrogen removal from on-site sewage systems; and (iii) improve data and knowledge of the loading of nitrogen from all ground water sources to Hood Canal.
(b) The study shall: (i) Locate representative on-site sewage systems distributed within the Hood Canal drainage basin for use in the study; (ii) collect water levels and samples from the areas around a number of on-site sewage systems under a variety of water table, soil, and geologic conditions; (iii) test samples for nitrogen, phosphorous, carbon, and other pertinent chemistry; (iv) consider water levels and samples from monitoring wells both up gradient and down gradient from on-site sewage systems; (v) collect data from drain fields to test on-site sewage system efficiency; and (vi) collect water level, nutrient, and other chemical data from a number of existing wells in the watershed to test how much nitrogen is reaching Hood Canal. The study shall be coordinated with other studies being conducted in Hood Canal through the Hood Canal dissolved oxygen program. The Puget Sound action team and the Hood Canal coordinating council shall report their finding and recommendations to the appropriate committees of the legislature by December 1, 2007.
Sec. 116. 2005 c 518 s 117 (uncodified) is amended to read as follows:
FOR THE LIEUTENANT GOVERNOR
General Fund--State Appropriation (FY 2006). . . . . . . $752,000
General Fund--State Appropriation (FY 2007). . . . .(($766,000))
$768,000
((General Fund--Local Appropriation. . . . . . . . . . . . . . . $1,000))
Pension Funding Stabilization Account Appropriation. . .$3,000
TOTAL APPROPRIATION. . . .(($1,519,000))
$1,523,000
Sec. 117. 2005 c 518 s 118 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund--State Appropriation (FY 2006). . . (($1,989,000))
$1,999,000
General Fund--State Appropriation (FY 2007). . . (($2,009,000))
$2,069,000Pension Funding Stabilization Account Appropriation$10,000
TOTAL APPROPRIATION. . . .(($3,998,000))
$4,078,000
The appropriations in this section are subject to the following conditions and limitations: $10,000 of the general fund--state appropriation for fiscal year 2006 and $56,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Third Substitute House Bill No. 1226 (campaign contribution limits). If Third Substitute House Bill No. 1226 is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
Sec. 118. 2005 c 518 s 119 (uncodified) is amended to read as follows:
FOR THE SECRETARY OF STATE
General Fund--State Appropriation (FY 2006). . (($19,102,000))
$20,417,000
General Fund--State Appropriation (FY 2007). . (($17,323,000))
$18,154,000
General Fund--Federal Appropriation. . . . . . . . . . (($7,092,000))
$7,099,000
General Fund--Private/Local Appropriation. . . . . . .(($125,000))
$207,000
Archives and Records Management Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($8,127,000))
$8,210,000
Department of Personnel Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($719,000))
$721,000
Local Government Archives Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($12,138,000))
$12,398,000
Election Account--Federal Appropriation. . . . . . (($47,009,000))
$53,010,000Pension Funding Stabilization Account Appropriation$66,000
TOTAL APPROPRIATION. .(($111,635,000))
$120,282,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,296,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures. Counties shall be reimbursed only for those odd-year election costs that the secretary of state validates as eligible for reimbursement.
(2) (($1,999,000)) $2,441,000 of the general fund--state appropriation for fiscal year 2006 and $2,403,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
(3) $125,000 of the general fund--state appropriation for fiscal year 2006 and $118,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for legal advertising of state measures under RCW 29.27.072.
(4)(a) $2,028,004 of the general fund--state appropriation for fiscal year 2006 and $2,063,772 of the general fund--state appropriation for fiscal year 2007 are provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of statewide significance during the 2005-07 biennium. The funding level for each year of the contract shall be based on the amount provided in this subsection. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution. The office of the secretary of state may make full or partial payment once all criteria in (a) and (b) of this subsection have been satisfactorily documented.
(b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a contract with the nonprofit organization to provide public affairs coverage.
(c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
(5) $196,000 of the general fund--state appropriation for fiscal year 2006 and $173,000 of the general fund--state appropriation for fiscal year 2007 are provided for the implementation of House Bill No. 1749 (county election procedures). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(6) $110,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the purposes of settling all claims in Washington State Democratic Party, et al. v. Sam S. Reed, et al., United States District Court Western District of Washington at Tacoma Cause No. C00-5419FDB and related appeal. The expenditure of this appropriation is contingent on the release of all claims in the case and related appeal, and total settlement costs shall not exceed the appropriation in this subsection.
Sec. 119. 2005 c 518 s 120 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund--State Appropriation (FY 2006). . . . . . . $277,000
General Fund--State Appropriation (FY 2007). . . . .(($289,000))
$292,000Pension Fund Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000
TOTAL APPROPRIATION. . . . . (($566,000))
$570,000
The appropriations in this section are subject to the following conditions and limitations: The office shall assist the department of personnel on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department of personnel shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.
Sec. 120. 2005 c 518 s 121 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN-PACIFIC-AMERICAN AFFAIRS
General Fund--State Appropriation (FY 2006). . . . . . . $235,000
General Fund--State Appropriation (FY 2007). . . . .(($238,000))
$264,000Pension Funding Stabilization Account Appropriation$1,000
TOTAL APPROPRIATION. . . . . (($473,000))
$500,000
Sec. 121. 2005 c 518 s 122 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER
State Treasurer's Service Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($14,124,000))
$14,174,000
Sec. 122. 2005 c 518 s 123 (uncodified) is amended to read as follows:
FOR THE STATE AUDITOR
General Fund--State Appropriation (FY 2006). . . (($1,884,000))
$854,000
General Fund--State Appropriation (FY 2007). . . (($2,441,000))
$748,000
State Auditing Services Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($13,952,000))
$14,011,000
Pension Funding Stabilization Account Appropriation. . .$4,000
TOTAL APPROPRIATION. . .(($18,277,000))
$15,617,000
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) $731,000 of the general fund--state appropriation for fiscal year 2006 and $727,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.
(3) The office shall report to the office of financial management and the appropriate fiscal committees of the legislature detailed information on risk-based auditing, its theory, and its application for the audits performed on Washington state government. The report shall include an explanation of how the office identifies, measures, and prioritizes risk, the manner in which the office uses these factors in the planning and execution of the audits of Washington state government, and the methods and procedures used in the conduct of the risk-based audits themselves. The report is due no later than December 1, 2005.
(4) (($1,130,000)) $100,000 of the general fund--state appropriation for fiscal year 2006((, $1,695,000 of the general fund--state appropriation for fiscal year 2007, and $2,000 of the state auditing services revolving account--state appropriation for fiscal year 2006 are)) is provided solely for the implementation of Engrossed Substitute House Bill No. 1064 (government performance). ((If Engrossed Substitute House Bill No. 1064 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.))
(5) $16,000 of the general fund--state appropriation for fiscal year 2006 is provided for a review of special education excess cost accounting and reporting requirements. The state auditor's office shall coordinate this work with the joint legislative audit and review committee's review of the special education excess cost accounting methodology and expenditure reporting requirements. The state auditor's review shall include an examination of whether school districts are (a) appropriately implementing the excess cost accounting methodology; (b) consistently charging special education expenses to the special education and basic education programs; (c) appropriately determining the percentage of expenditures that should be charged to the special education and basic education programs; and (d) appropriately and consistently reporting special education expenditures. The results of this review will be included in the joint legislative audit and review committee's report issued in January 2006.
Sec. 123. 2005 c 518 s 124 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund--State Appropriation (FY 2006). . . . . . . $137,000
General Fund--State Appropriation (FY 2007). . . . .(($206,000))
$207,000
TOTAL APPROPRIATION. . . . . (($343,000))
$344,000
Sec. 124. 2005 c 518 s 125 (uncodified) is amended to read as follows:
FOR THE ATTORNEY GENERAL
General Fund--State Appropriation (FY 2006). . . (($5,223,000))
$5,303,000
General Fund--State Appropriation (FY 2007). . . (($5,156,000))
$5,222,000
General Fund--Federal Appropriation. . . . . . . . . . (($2,973,000))
$3,175,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,303,000))
$2,307,000
New Motor Vehicle Arbitration Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,313,000))
$1,315,000
Legal Services Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . .(($185,970,000))
$191,345,000
Health Services Account--State Appropriation. . . . . . . $762,000
Tobacco Prevention and Control Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$270,000
Pension Funding Stabilization Account Appropriation. . $21,000
TOTAL APPROPRIATION. .(($203,208,000))
$209,720,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) Prior to entering into any negotiated settlement of a claim against the state that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations.
(3) $652,000 of the legal services revolving account is provided solely for expenditures related to the Farrakhan v. Locke litigation.
(4) $40,000 of the general fund--state appropriation for fiscal year 2006 and $157,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the attorney general to provide support and assistance to the clemency and pardons board pursuant to chapter 9.94A RCW.
Sec. 125. 2005 c 518 s 126 (uncodified) is amended to read as follows:
FOR THE CASELOAD FORECAST COUNCIL
General Fund--State Appropriation (FY 2006). . . . . . . $719,000
General Fund--State Appropriation (FY 2007). . . . .(($714,000))
$716,000Pension Funding Stabilization Account Appropriation$4,000
TOTAL APPROPRIATION. . . .(($1,433,000))
$1,439,000
Sec. 126. 2005 c 518 s 127 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation (FY 2006). . (($66,123,000))
$67,659,000
General Fund--State Appropriation (FY 2007). . (($67,151,000))
$45,854,000
General Fund--Federal Appropriation. . . . . . . . (($246,886,000))
$257,888,000
General Fund--Private/Local Appropriation. . . . (($12,229,000))
$12,422,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($5,439,000))
$5,443,000
Public Works Assistance Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,395,000))
$3,430,000
Tourism Development and Promotion Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000
Drinking Water Assistance Administrative Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . .(($213,000))
$345,000
Lead Paint Account--State Appropriation. . . . . . . . . . . . . $6,000
Building Code Council Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($1,130,000))
$1,133,000
Administrative Contingency Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,808,000))
$1,809,000
Low-Income Weatherization Assistance Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,362,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($7,231,000))
$7,234,000
Manufactured Home Installation Training Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$240,000
Community and Economic Development Fee Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,570,000
Washington Housing Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($19,009,000))
$33,536,000
Homeless Families Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000
Public Facility Construction Loan Revolving
Account--State Appropriation. . . . . . . . . . . . . . .(($614,000))
$616,000Pension Funding Stabilization Account Appropriation$87,000
TOTAL APPROPRIATION. .(($442,006,000))
$448,234,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,838,000 of the general fund--state appropriation for fiscal year 2006 and $2,838,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a contract with the Washington technology center for work essential to the mission of the Washington technology center and conducted in partnership with universities. The center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1995-97 fiscal biennium.
(2) $5,902,000 of the general fund--federal appropriation is provided solely for the justice assistance grant program, to be distributed in state fiscal year 2006 as follows:
(a) $2,064,000 to local units of government to continue multijurisdictional narcotics task forces;
(b) $330,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $675,000 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
(d) $20,000 to the department for tribal law enforcement;
(e) $345,000 to the department to continue domestic violence legal advocacy;
(f) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;
(g) $351,000 to the department of social and health services, division of alcohol and substance abuse, for juvenile drug courts in eastern and western Washington;
(h) $626,000 to the department of social and health services to continue youth violence prevention and intervention projects;
(i) $97,000 to the department to continue evaluation of this grant program;
(j) $290,000 to the office of financial management for criminal history records improvement;
(k) $580,000 to the department for required grant administration, monitoring, and reporting on justice assistance grant programs; and
(l) $464,000 to the department for distribution to small municipalities.
These amounts represent the maximum justice assistance grant expenditure authority for each program. No program may expend justice assistance grant funds in excess of the amounts provided in this subsection. If moneys in excess of those appropriated in this subsection become available, whether from prior or current fiscal year 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 justice assistance grant funds.
(3) $3,600,000 of the general fund--federal appropriation is provided solely for the justice assistance grant program, to be distributed in state fiscal year 2007 as follows:
(a) $2,013,000 to local units of government to continue multijurisdictional narcotics task forces;
(b) $330,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $675,000 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces;
(d) $110,000 to the department to support the governor's council on substance abuse;
(e) $97,000 to the department to continue evaluation of the justice assistance grant program;
(f) $360,000 to the department for required grant administration, monitoring, and reporting on justice assistance grant programs; and
(g) $15,000 to the department for a tribal and local law enforcement statewide summit.
(4) $170,000 of the general fund--state appropriation for fiscal year 2006 and (($170,000)) $700,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to fund domestic violence legal advocacy, in recognition of reduced federal grant funding.
(((4))) (5) $28,848,000 of the general fund--state appropriation for fiscal year 2006 ((and $29,941,000 of the general fund--state appropriation for fiscal year 2007 are)) is provided solely for providing early childhood education assistance. Of ((these)) this amount((s)), $1,497,000 ((in each fiscal year)) is provided solely to increase the number of children receiving education, and $1,052,000 ((in fiscal year 2006 and $2,146,000 in fiscal year 2007 are)) is provided solely for a targeted vendor rate increase.
(((5))) (6) Repayments of outstanding loans granted under RCW 43.63A.600, the mortgage and rental assistance program, shall be remitted to the department, including any current revolving account balances. The department shall contract with a lender or contract collection agent to act as a collection agent of the state. The lender or contract collection agent shall collect payments on outstanding loans, and deposit them into an interest-bearing account. The funds collected shall be remitted to the department quarterly. Interest earned in the account may be retained by the lender or contract collection agent, and shall be considered a fee for processing payments on behalf of the state. Repayments of loans granted under this chapter shall be made to the lender or contract collection agent as long as the loan is outstanding, notwithstanding the repeal of the chapter.
(((6))) (7) $1,288,000 of the Washington housing trust account--state appropriation is provided solely to implement Engrossed House Bill No. 1074. If the bill is not enacted by June 30, 2005, the amounts in this subsection shall lapse.
(((7))) (8) $725,000 of the general fund--state appropriation for fiscal year 2006 and $725,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for food banks to obtain and distribute additional nutritious food; and purchase equipment to transport and store perishable products.
(((8) $500,000)) (9) $1,000,000 of the general fund--state appropriation for fiscal year 2006 and (($500,000)) $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the community services block grant program to help meet current service demands that exceed available community action resources.
(((9))) (10) $215,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for matching funds for a federal economic development administration grant awarded to the city of Kent to conduct a feasibility study and economic analysis for the establishment of a center for advanced manufacturing.
(((10))) (11) $20,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the department to compile a report on housing stock in Washington state to identify areas of potentially high risk for child lead exposure. This report shall include an analysis of existing data regarding the ages of housing stock in specific regions and an analysis of data regarding actual lead poisoning cases, which shall be provided by the department of health's childhood lead poisoning surveillance program.
(((11))) (12) $150,000 of general fund--state appropriation for fiscal year 2006 is provided solely for the Cascade land conservancy to develop and implement a plan for regional conservation within King, Kittitas, Pierce, and Snohomish counties.
(((12))) (13) $50,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the support, including safety and security costs, of the America's freedom salute to be held in the Vancouver, Washington area.
(((13))) (14) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to Snohomish county for a law enforcement and treatment methamphetamine pilot program. $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the Pierce county alliance's methamphetamine family services treatment program and safe streets of Tacoma's methamphetamine prevention service.
(((14))) (15) $50,000 of the general fund--state appropriation is provided solely for one pilot project to promote the study and implementation of safe neighborhoods through community planning.
(((15))) (16) $287,000 of the general fund--state appropriation for fiscal year 2006 and $288,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for Walla Walla community college to establish the water and environmental studies center to provide workforce education and training, encourage innovative approaches and practices that address environmental and cultural issues, and facilitate the Walla Walla watershed alliance role in promoting communication leading to cooperative conservation efforts that effectively address urban and rural water and environmental issues.
(((16))) (17) $50,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for work with the northwest food processors association on the food processing cluster development project.
(((17) $200,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the northwest agriculture incubator project, which will support small farms in economic development)) (18) $140,000 of the general fund--state appropriation for fiscal year 2006 and $210,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the northwest agriculture incubator project, which will support small farms in economic development.
(((18))) (19) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the department of community, trade, and economic development as the final appropriation for the youth assessment center in Pierce county for activities dedicated to reducing the rate of incarceration of juvenile offenders.
(((19))) (20) $235,000 of the general fund--state appropriation for fiscal year 2006 and $235,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the small business incubator program. $250,000 must be distributed as grants and must be matched by an equal amount of private funds.
(((20))) (21) The department shall coordinate any efforts geared towards the 2010 Olympics with the regional effort being conducted by the Pacific northwest economic region, a statutory committee.
(((21))) (22) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for HistoryLink to expand its free, noncommercial online encyclopedia service on state and local history.
(((22))) (23) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for Women's Hearth, a nonprofit program serving the Spokane area's homeless and low-income women.
(24) $250,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to the Pacific Science Center to host the dead sea scrolls exhibition in September 2006.
(25) $500,000 of the general fund--state appropriation for fiscal year 2006 and $1,500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for providing statewide sexual assault services.
(26) $96,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the Olympic loop of the great Washington state birding trail.
(27) $529,000 of the general fund--federal appropriation for fiscal year 2007 is provided solely for the department to provide to the department of archeology and historic preservation through an interagency agreement. The full amount of federal funding shall be transferred. The department of community, trade, and economic development shall not retain any portion for administrative purposes.
(28) $50,000 of the general fund--state appropriation in fiscal year 2007 is provided solely to the suburban cities association to fully fund a buildable lands program manager position.
(29) $116,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for an increase to the statewide coordination of the volunteer programs for court-appointed special advocates.
(30) $25,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the energy facilities siting and evaluation council to make rules related to RCW 80.70.070, the carbon dioxide mitigation statute.
(31) $712,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the department to provide each county with an additional 0.5 FTE for prosecutors' victim/witness units.
(32) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the department to implement two demonstration pilot projects related to transfer of development rights in cooperation with Snohomish and Pierce county legislative authorities. Projects may receive no more than $100,000.
(33) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Seattle police department, and is to be divided evenly between the weed and seed programs in southeast Seattle and South Delridge/White Center to mitigate a one-year funding lapse from the federal department of justice. This appropriation is for the continuation of community police work and community building in these areas.
(34) $125,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to the Thurston county prosecutor's office, for the Rochester weed and seed program to mitigate a one-year funding lapse from the federal department of justice. This appropriation is for the continuation of community police work and community building in Rochester.
(35) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to the city of Poulsbo for the reopening of the Poulsbo marine science center as an educational facility on the Puget Sound marine environment.
(36) $544,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for an upgrade to discovery park's daybreak star cultural center electrical system.
(37) $670,000 of the housing trust account appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2418 (affordable housing program). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(38) $600,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Second Substitute House Bill No. 2498 (cluster-based economic development). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(39) $186,000 of the general fund--local appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2402 (energy facilities). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(40) $118,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of House Bill No. 3156 (low income persons). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(41) $600,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Third Substitute House Bill No. 1815 (small business incubators). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(42) $200,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the safe and drug free schools program to help mitigate the effects of federal budget reductions.
(43) $98,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for grants to community-based organizations with expertise in public education relating to energy and clean air issues, for biofuels consumer education, and outreach.
(44) $20,000 of the general fund--state appropriation for fiscal year 2006 and $480,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a land use task force. Funds may be used for policy, legal, and financial research as directed by the task force, task force facilitation and outreach, and department expenses related to the task force.
(a) A joint legislative-executive task force is established for the purposes of gathering information, identifying issues, and developing recommendations on policy choices related to the effective implementation of the state's growth management act.
(b) The task force shall be comprised of two members of each of the major legislative caucuses from each of the house of representatives and the senate as appointed by the president of the senate and the speaker of the house of representatives, the governor or the governor's designee, and the director of the department. Staff support shall be provided by the department and legislative staff.
(d) The task force shall convene its first meeting no later than May 1, 2006. The task force shall consult with local governments and other groups responsible for, affected by, or involved in the implementation of the growth management act. The task force may secure research and facilitation services, and may establish work teams or advisory groups, as needed, to support their work.
(e) The task force shall secure an independent assessment of the effectiveness of land use programs in Washington in achieving the goals of the state's growth management act. The assessment shall rely on available information and focus on key benchmarks for each goal of the act.
(f) By December 1, 2006, the task force shall issue a report with recommendations on legislative and executive actions that address, at a minimum, the following topics: (i) How science is identified and applied when local governments develop regulations to protect critical areas under the growth management act, and the relationship of those regulations to preexisting land uses; and (ii) a review of the appeals process for actions taken under the growth management act, including data on the number and outcome of cases, and any recommendations on needed improvements to the appeals process.
(g) By June 30, 2007, the task force shall issue a report with recommendations on legislative and executive actions that address, at a minimum, the following topics: (i) How to better meet the infrastructure and basic service needs of growing communities, including schools, local roads, fire and police service, and water, sewer and other utilities, with recommendations for financing these service and infrastructure needs; (ii) how to ensure that state roads provide a level of service consistent with the local growth management decisions; (iii) the effect of the vested rights doctrine on the achievement of the goals and requirements of the growth management act; (iv) the effect of the provisions for fully contained communities and master planned resorts on the achievement of the goals and requirements of the growth management act; (v) performance measures for the ongoing evaluation of land use programs, based on the assessment conducted under (e) of this subsection; and (vi) any recommendations for additional topics that warrant continued work by the task force or by other groups.
(h) The legislature intends that the task force shall expire December 31, 2007. If Engrossed Substitute Senate Bill No. 6427 (extending land use planning deadlines) is not enacted by April 30, 2006, this subsection (42) shall be null and void and the funds in this proviso revert to the department for other uses.
Sec. 127. 2005 c 518 s 128 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund--State Appropriation (FY 2006). . . . .(($573,000))
$579,000
General Fund--State Appropriation (FY 2007). . . . .(($517,000))
$523,000Pension Funding Stabilization Account Appropriation$3,000
TOTAL APPROPRIATION. . . .(($1,090,000))
$1,105,000
Sec. 128. 2005 c 518 s 129 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund--State Appropriation (FY 2006). . (($16,993,000))
$17,709,000
General Fund--State Appropriation (FY 2007). . (($16,050,000))
$19,896,000
General Fund--Federal Appropriation. . . . . . . . . (($23,550,000))
$23,555,000General Fund--Private/Local Appropriation$1,216,000
Public Works Assistance Account--State Appropriation$200,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$246,000
State Auditing Services Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,000
Pension Funding Stabilization Account Appropriation.$100,000
TOTAL APPROPRIATION. . .(($57,064,000))
$62,947,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $200,000 of the public works assistance account appropriation is provided solely for an inventory and evaluation of the most effective way to organize the state public infrastructure programs and funds. The inventory and evaluation shall be delivered to the governor and the appropriate committees of the legislature by September 1, 2005.
(2)(a) (($182,000)) $62,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for an advisory council to study residential services for persons with developmental disabilities. The study shall identify a preferred system of services and a plan to implement the system within four years. Recommendations shall be provided on the services that best address client needs in different regions of the state and on the preferred system by January 1, 2006. The office of financial management may contract for specialized services to complete the study.
(b) The advisory council shall consist of thirteen members. Members appointed by the governor, include one representative from each of the governor's office or the office of financial management, the department of social and health services, the Washington state disabilities council, two labor organizations, the community residential care providers, residents of residential habilitation centers, individuals served by community residential programs, and individuals with developmental disabilities who reside or resided in residential habilitation centers. The advisory council shall also include two members of the house of representatives appointed by the speaker of the house of representatives representing the majority and minority caucuses and two members of the senate appointed by the president of the senate representing the majority and minority caucuses. Legislative members of the advisory group shall be reimbursed in accordance with RCW 44.04.120, and nonlegislative members in accordance with RCW 43.03.050 and 44.04.120. Staff support shall be provided by the department of social and health services, the developmental disabilities council, the office of financial management, the house of representatives office of program research, and senate committee services.
(3) $1,041,000 of the general fund--state appropriation for fiscal year 2006 and $706,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5441 (studying early learning, K-12, and higher education). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(4) $200,000 of the general fund--state appropriation for fiscal year 2006 is provided to the office of regulatory assistance and is subject to the following conditions and limitations:
(a) This amount is provided solely for the enhanced planning and permit pilot program; and
(b) Regulatory assistance is to select two local government planning and permitting offices to participate in an enhanced permit assistance pilot program. Such enhancement may include, but is not limited to:
(i) Creation of local and state interagency planning and permit review teams;
(ii) Use of advanced online planning and permit applications;
(iii) Using loaned executives; and
(iv) Additional technical assistance and guidance for permit applicants.
(5) $303,000 of the general fund--state appropriation for fiscal year 2006 and $255,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Second Substitute House Bill No. 1970 (government management). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(6) $200,000 of the general fund--state appropriation for fiscal year 2006 and $200,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Substitute Engrossed House Bill No. 1242 (budgeting outcomes and priorities). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(7) The department of ecology, the department of fish and wildlife, the department of natural resources, the conservation commission, and the interagency committee for outdoor recreation shall make recommendations to improve or eliminate monitoring activities related to salmon recovery and watershed health. The agencies shall coordinate with the governor's forum on monitoring and watershed health and consult with the office of financial management in determining the scope and contents of the report.
The agencies shall prepare a report detailing all new activity and updating all previously identified activity within the comprehensive monitoring strategy. The report shall identify the monitoring activity being performed and include: The purpose of the monitoring activity, when the activity started, who uses the information, how often it is accessed, what costs are incurred by fund, what frequency is used to collect data, what geographic location is used to collect data, where the information is stored, and what is the current status and cost by fund source of the data storage systems.
The agencies shall provide a status report summarizing progress to the governor's forum on monitoring and watershed health and the office of financial management by March 1, 2006. A final report to the governor's monitoring forum, the office of financial management, and the appropriate legislative fiscal committees shall be submitted no later than September 1, 2006.
(8) $200,000 of the general fund--state appropriation for fiscal year 2007 is provided to the office of financial management for the purpose of contracting with the Washington State University and University of Washington policy consensus center to provide project coordination for the office of financial management, the department of agriculture, the conservation commission, and the department of community, trade, and economic development to work with farmers, ranchers, and other interested parties to identify potential agricultural pilot projects that both enhance farm income and improve protection of natural resources.
(9) $50,000 of the general fund--state appropriation for fiscal year 2006 and $500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the office of regulatory assistance to implement activities supporting the governor's regulatory improvement program including deployment of interagency permit teams, a business portal, programmatic permits, and an alternative mitigation program.
(10) The office of financial management shall prepare a report on state-purchased health care costs and expenditures. The report shall analyze the growth in state-purchased health care costs over the last five biennia and compare growth to other state expenditures and state revenues. The report shall propose options for funding the increases in state-funded health care, along with options for adjusting or containing state-funded health care expenditures within a constant portion of total estimated revenues.
(11) $1,032,000 of the general fund--state appropriation for fiscal year 2006 and $1,695,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Substitute House Bill No. 3109 (government performance). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(12) $46,000 of the general fund--state appropriation for fiscal year 2006 and $131,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Engrossed Second Substitute House Bill No. 2353 (family child care providers). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(13) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Washington state quality award program to assist state agencies in obtaining the goals of the Washington state quality award.
Sec. 129. 2005 c 518 s 130 (uncodified) is amended to read as follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($29,490,000))
$29,595,000
The appropriation in this section is subject to the following conditions and limitations: $103,000 of the administrative hearing revolving account--state appropriation is provided solely to determine, in collaboration with other state agencies, the best mechanism of digital recording for the office of administrative hearings, the manner of conversion from tape recording to digital recording, and the purchase of digital recording devices.
Sec. 130. 2005 c 518 s 131 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($20,323,000))
$26,888,000
Higher Education Personnel Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,634,000))
$1,656,000
TOTAL APPROPRIATION. . .(($21,957,000))
$28,544,000
The appropriations in this section are subject to the following conditions and limitations: The department shall coordinate with the governor's office of Indian affairs on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.
Sec. 131. 2005 c 518 s 132 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($24,087,000))
$24,160,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section may not be expended by the Washington state lottery for any purpose associated with a lottery game offered through any interactive electronic device, including the internet, other than research to support the efforts of the select committee on gambling policy as provided in Senate Concurrent Resolution No. 8417.
Sec. 132. 2005 c 518 s 133 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund--State Appropriation (FY 2006). . . . . . . $238,000
General Fund--State Appropriation (FY 2007). . . . .(($247,000))
$248,000Pension Funding Stabilization Account Appropriation$1,000
TOTAL APPROPRIATION. . . . . (($485,000))
$487,000
Sec. 133. 2005 c 518 s 134 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund--State Appropriation (FY 2006). . . . . . . $237,000
General Fund--State Appropriation (FY 2007). . . . .(($240,000))
$241,000Pension Funding Stabilization Account Appropriation$1,000
TOTAL APPROPRIATION. . . . . (($477,000))
$479,000
Sec. 134. 2005 c 518 s 135 (uncodified) is amended to read as follows:
FOR THE PERSONNEL APPEALS BOARD
Department of Personnel Service Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,043,000))
$1,119,000
Sec. 135. 2005 c 518 s 136 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS
Dependent Care Administrative Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($416,000))
$413,000
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . (($45,056,000))
$46,264,000
TOTAL APPROPRIATION. . .(($45,472,000))
$46,677,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $13,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1327, chapter 65, Laws of 2005 (purchasing service credit).
(2) $10,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1269, chapter 21, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 2 service credit purchase).
(3) $55,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1270 (law enforcement officers' and fire fighters' retirement system plan 2 postretirement employment). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(4) $26,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1319, chapter 62, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 1 ex-spouse benefits).
(5) $46,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1325, chapter 64, Laws of 2005 (military service credit purchase).
(6) $79,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1329, chapter 67, Laws of 2005 (law enforcement officers' and fire fighters' retirement system plan 1 reduced survivor benefit).
(7) $56,000 of the department of retirement systems expense account appropriation is provided solely to implement House Bill No. 1936 (emergency medical technician membership in law enforcement officers' and fire fighters' retirement system plan 2 service). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(8) $16,000 of the department of retirement systems expense account is provided solely to implement Senate Bill No. 5522 (purchasing service credit lost due to injury). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(9) $80,000 of the department of retirement systems expense account--state appropriation is provided solely to implement House Bill No. 2687 (minimum monthly retirement). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(10) $230,000 of the department of retirement systems expense account--state appropriation is provided solely to implement House Bill No. 2932 (catastrophic disability benefit). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(11) $78,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Substitute House Bill No. 2684 (plan 3 five-year vesting). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $88,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Substitute House Bill No. 2689 (reemployment of retirees). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(13) $117,000 of the department of retirement systems expense account--state appropriation is provided solely to implement House Bill No. 2690 (service credit purchase). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(14) $111,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 2680 (TRS out-of-state service credit). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(15) $375,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 2691 (retirement for justices). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 136. 2005 c 518 s 137 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($16,020,000))
$16,123,000
Sec. 137. 2005 c 518 s 138 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF REVENUE
General Fund--State Appropriation (FY 2006). . (($90,065,000))
$90,319,000
General Fund--State Appropriation (FY 2007). . (($91,207,000))
$92,240,000
Timber Tax Distribution Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($5,609,000))
$5,627,000Real Estate Excise Tax Grant Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,900,000
Waste Reduction/Recycling/Litter Control--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$108,000
State Toxics Control Account--State Appropriation. . . . $73,000
Oil Spill Prevention Account--State Appropriation. . . . .$14,000
Pension Funding Stabilization Account Appropriation.$447,000
TOTAL APPROPRIATION. .(($187,076,000))
$192,728,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $113,000 of the general fund--state appropriation for fiscal year 2006, and $93,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1315 (modifying disclosure requirements for the purposes of the real estate excise tax). If House Bill No. 1315 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(2) $7,000 of the general fund--state appropriation for fiscal year 2006 and $2,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute Senate Bill No. 5101 (renewable energy). If Substitute Senate Bill No. 5101 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(3) $100,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $114,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Engrossed House Bill No. 1241 (modifying vehicle licensing and registration penalties). ((If Engrossed House Bill No. 1241 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.))
(4) $1,390,000 of the general fund--state appropriation for fiscal year 2006, and $1,240,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for the department to employ strategies to enhance current revenue enforcement activities.
(5) $5,121 of the general fund--state appropriation for fiscal year 2006 is provided solely to satisfy two claims to estate property, pursuant to RCW 11.76.245.
(6) $109,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2673 (local infrastructure). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(7) $51,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2804 (nonprofit schools/tax exempt). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(8) $43,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2432 (property tax exemption). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(9) $27,000 of the general fund--state appropriation for fiscal year 2006 and $7,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 2457 (tax relief/farm machinery). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(10) $29,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of House Bill No. 2466 (tax relief for aerospace). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(11) $108,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of House Bill No. 2671 (excise tax relief). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $30,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Engrossed Substitute House Bill No. 2565 (worker training B&O tax). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(13) $33,000 of the general fund--state appropriation for fiscal year 2006 and $10,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 2640 (biotechnology product). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(14) $176,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2670 (hospital benefit zones). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 138. 2005 c 518 s 139 (uncodified) is amended to read as follows:
FOR THE BOARD OF TAX APPEALS
General Fund--State Appropriation (FY 2006). . . . . .$1,362,000
General Fund--State Appropriation (FY 2007). . . (($1,211,000))
$1,213,000Pension Funding Stabilization Account Appropriation$6,000
TOTAL APPROPRIATION. . . .(($2,573,000))
$2,581,000
Sec. 139. 2005 c 518 s 141 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
OMWBE Enterprises Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($3,186,000))
$3,196,000
The appropriation in this section is subject to the following conditions and limitations: $180,000 of the OMWBE enterprises account appropriation is provided solely for management of private sector grants and coordination of support services to small businesses in the state. It is the intent of the legislature that this amount be funded from new grant revenues and business fees.
Sec. 140. 2005 c 518 s 142 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund--State Appropriation (FY 2006). . . . . . . $321,000
General Fund--State Appropriation (FY 2007). . . . .(($233,000))
$359,000
General Fund--Federal Appropriation. . . . . . . . . . (($3,640,000))
$3,641,000
General Administration Service Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($32,045,000))
$32,163,000Pension Funding Stabilization Account Appropriation$1,000
TOTAL APPROPRIATION. . .(($36,239,000))
$36,485,000
The appropriations in this section are subject to the following conditions and limitations: $75,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1830 (alternative public works). If Engrossed Substitute House Bill No. 1830 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
Sec. 141. 2005 c 518 s 143 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund-State Appropriation (FY 2007)
. . . . . $1,500,000General Fund--Federal Appropriation$350,000
Data Processing Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,612,000))
$3,621,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$684,000
TOTAL APPROPRIATION. . . .(($4,296,000))
$6,155,000
The appropriations in this section are subject to the following conditions and limitations: $1,500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to support the operations of the digital learning commons. By September 1, 2006, the digital learning commons shall develop and implement a plan to become a self-supporting operation. The plan implemented shall allow for the digital learning commons to be entirely supported by user fees and private contributions by September 1, 2008.
Sec. 142. 2005 c 518 s 144 (uncodified) is amended to read as follows:
FOR THE INSURANCE COMMISSIONER
General Fund--Federal Appropriation. . . . . . . . . . . .(($673,000))
$1,513,000
Insurance Commissioners Regulatory Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($40,253,000))
$40,902,000
TOTAL APPROPRIATION. . .(($40,926,000))
$42,415,000
The appropriations in this section are subject to the following conditions and limitations: $42,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement Substitute House Bill No. 2553 (service contracts). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 143. 2005 c 518 s 145 (uncodified) is amended to read as follows:
FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,962,000))
$2,236,000
Sec. 144. 2005 c 518 s 146 (uncodified) is amended to read as follows:
FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations Account--State Appropriation.(($282,000))
$283,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 of the death investigation account appropriation is provided solely for providing financial assistance to local jurisdictions in multiple death investigations. The forensic investigation council shall develop criteria for awarding these funds for multiple death investigations involving an unanticipated, extraordinary, and catastrophic event or those involving multiple jurisdictions.
Sec. 145. 2005 c 518 s 147 (uncodified) is amended to read as follows:
FOR THE HORSE RACING COMMISSION
Horse Racing Commission Operating Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($5,009,000))
$5,027,000
Sec. 146. 2005 c 518 s 148 (uncodified) is amended to read as follows:
FOR THE LIQUOR CONTROL BOARD
General Fund--State Appropriation (FY 2006). . . . . .$1,739,000
General Fund--State Appropriation (FY 2007). . . (($1,706,000))
$1,720,000
Liquor Control Board Construction and Maintenance
Account--State Appropriation. . . . . . . . . . . . . . .$12,832,000
Liquor Revolving Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($154,080,000))
$157,674,000Pension Funding Stabilization Account Appropriation$7,000
TOTAL APPROPRIATION. .(($170,357,000))
$173,972,000
The appropriations in this section are subject to the following conditions and limitations:
(1) As authorized under RCW 66.16.010, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military and tribal sales, effective no later than July 1, 2005. The intent of this surcharge is to generate additional revenues for the state general fund in the 2005-07 biennium.
(2) $154,000 of the liquor revolving account--state appropriation is provided solely for the lease of state vehicles from the department of general administration's motor pool.
(3) $2,228,000 of the liquor revolving account--state appropriation is provided solely for costs associated with the installation of a wide area network that connects all of the state liquor stores and the liquor control board headquarters.
(4) $186,000 of the liquor revolving account--state appropriation is provided solely for an alcohol education staff coordinator and associated alcohol educational resources targeted toward middle school and high school students.
(5) $2,261,000 of the liquor revolving account--state appropriation is provided solely for replacement of essential computer equipment, improvement of security measures, and improvement to the core information technology infrastructure.
(6) $2,800,000 of the liquor control board construction and maintenance account--state appropriation is provided solely for the certificate of participation to fund the expansion of the liquor distribution center.
(7) $3,233,000 of the liquor revolving account--state appropriation is provided solely for upgrades to material handling system and warehouse management system software and equipment, and associated staff to increase the liquor distribution center's shipping capacity.
(8) $2,746,000 of the liquor revolving account--state appropriation is provided solely for additional state liquor store and retail business analysis staff. The additional liquor store staff will be deployed to those stores with the greatest potential for increased customer satisfaction and revenue growth. The liquor control board, using the new retail business analysis staff and, if needed, an independent consultant, will analyze the impact of additional staff on customer satisfaction and revenue growth and make recommendations that will increase the effectiveness and efficiency of all the liquor control board's retail-related activities. Using best practices and benchmarks from comparable retail organizations, the analysis will evaluate and make recommendations, at a minimum, on the following issues: Optimal staffing levels and store locations and numbers of stores (both state liquor stores and contract liquor stores); options for an improved retail organizational structure; strategies to increase the retail decision-making capacity; and resources required for enhanced internal organizational support of the retail activities. In support of this evaluation, a survey shall be employed to gauge customer satisfaction with state and contract liquor store services. A written evaluation with recommendations shall be submitted to the governor and the legislative fiscal committees by October 1, 2006.
(9) $187,000 of the general fund--state appropriation for fiscal year 2006 and $122,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Senate Bill No. 6097 (tobacco products enforcement). If Senate Bill No. 6097 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(10) $1,435,000 of the liquor revolving account--state appropriation is provided solely for the implementation of Substitute House Bill No. 1379 (liquor retail plan). If Substitute House Bill No. 1379 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
Sec. 147. 2005 c 518 s 149 (uncodified) is amended to read as follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Public Service Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($28,436,000))
$28,707,000
Pipeline Safety Account--State Appropriation. . . .(($2,877,000))
$2,894,000
Pipeline Safety Account--Federal Appropriation. .(($1,535,000))
$1,539,000
TOTAL APPROPRIATION. . .(($32,848,000))
$33,140,000
Sec. 148. 2005 c 518 s 150 (uncodified) is amended to read as follows:
FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative Account--State Appropriation. . (($768,000))
$938,000
Sec. 149. 2005 c 518 s 151 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
General Fund--State Appropriation (FY 2006). . (($10,084,000))
$10,137,000
General Fund--State Appropriation (FY 2007). . . (($9,362,000))
$12,887,000
General Fund--Federal Appropriation. . . . . . . . (($165,970,000))
$214,322,000
General Fund--Private/Local Appropriation. . . . . . . . . . . .$2,000
Enhanced 911 Account--State Appropriation. . . (($34,766,000))
$34,812,000
Disaster Response Account--State Appropriation.(($2,277,000))
$1,632,000
Disaster Response Account--Federal Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($11,008,000))
$6,297,000
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($314,000))
$315,000
Nisqually Earthquake Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($6,713,000))
$6,531,000
Nisqually Earthquake Account--Federal Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($29,127,000))
$27,075,000
Military Department Rental and Lease Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$378,000
Pension Funding Stabilization Account Appropriation. . $44,000
TOTAL APPROPRIATION. .(($270,001,000))
$314,432,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($2,277,000)) $1,632,000 of the disaster response account--state appropriation and (($11,008,000)) $6,297,000 of the disaster response account--federal appropriation may be spent only on disasters declared by the governor and with the approval of the office of financial management. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2005-07 biennium based on current revenue and expenditure patterns.
(2) (($6,713,000)) $6,531,000 of the Nisqually earthquake account--state appropriation and (($29,127,000)) $27,075,000 of the Nisqually earthquake account--federal appropriation are provided solely for response and recovery costs associated with the February 28, 2001, earthquake. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing earthquake recovery costs, including: (a) Estimates of total costs; (b) incremental changes from the previous estimate; (c) actual expenditures; (d) estimates of total remaining costs to be paid; and (e) estimates of future payments by biennium. This information shall be displayed by fund, by type of assistance, and by amount paid on behalf of state agencies or local organizations. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the Nisqually earthquake account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2005-07 biennium based on current revenue and expenditure patterns.
(3) (($127,586,000)) $173,613,000 of the general fund--federal appropriation is provided solely for homeland security, subject to the following conditions:
(a) Any communications equipment purchased by local jurisdictions or state agencies shall be consistent with standards set by the Washington state interoperability executive committee;
(b) This amount shall not be allotted until a spending plan is reviewed by the governor's domestic security advisory group and approved by the office of financial management;
(c) The department shall submit a quarterly report to the office of financial management and the legislative fiscal committees detailing the governor's domestic security advisory group recommendations; homeland security revenues and expenditures, including estimates of total federal funding for the state; incremental changes from the previous estimate, planned and actual homeland security expenditures by the state and local governments with this federal funding; and matching or accompanying state or local expenditures; and
(d) The department shall submit a report by December 1st of each year to the office of financial management and the legislative fiscal committees detailing homeland security revenues and expenditures for the previous fiscal year by county and legislative district.
(4) $867,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the Cowlitz county 911 communications center for the purpose of purchasing or reimbursing the purchase of interoperable radio communication technology to improve disaster response in the Mount St. Helens area.
(5) No funds from sources other than fees from voice over internet protocol (VOIP) providers may be used to implement technologies specific to the integration of VOIP 911 with E-911. The military department, in conjunction with the department of revenue, shall propose methods for assuring the collection of an appropriate enhanced 911 excise tax from VOIP 911 providers and shall report their recommendations to the legislature by November 1, 2005.
(6) $41,000 of the enhanced 911 account appropriation is provided solely to implement Substitute House Bill No. 2543 (911 advisory committee). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(7) $2,500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for funding to continue and expand the 211 emergency services network. The department shall investigate the potential savings in operational costs of 211 emergency services network of using voice-over-IP technology to interconnect 211 call centers over existing state-operated high-speed data networks rather than over traditional or switched telephone circuits, and the potential cost savings of using voice-over-IP-based PBX, ACD, and telephone technology in new call centers. The department shall submit a report in electronic form to the appropriate committees of the legislature on the potential for savings on or before December 1, 2006.
Sec. 150. 2005 c 518 s 152 (uncodified) is amended to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund--State Appropriation (FY 2006). . . . . .$2,776,000
General Fund--State Appropriation (FY 2007). . . (($2,824,000))
$2,897,000
Department of Personnel Service Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,945,000))
$2,953,000Pension Funding Stabilization Account Appropriation$16,000
TOTAL APPROPRIATION. . . .(($8,545,000))
$8,642,000
The appropriations in this section are subject to the following conditions and limitations: $67,000 of the general fund--state appropriation in fiscal year 2007 is provided solely for costs pursuant to Engrossed Second Substitute House Bill No. 2353 (family child care providers). If the bill is not enacted by June 30, 2006, the amount provided for this purpose shall lapse.
Sec. 151. 2005 c 518 s 153 (uncodified) is amended to read as follows:
FOR THE GROWTH ((PLANNING)) MANAGEMENT HEARINGS BOARD
General Fund--State Appropriation (FY 2006). . . . . .$1,571,000
General Fund--State Appropriation (FY 2007). . . (($1,587,000))
$1,590,000Pension Funding Stabilization Account Appropriation$8,000
TOTAL APPROPRIATION. . . .(($3,158,000))
$3,169,000
The appropriations in this section are subject to the following conditions and limitations: (($9,000 of the general fund--state appropriation for fiscal year 2006 and $9,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Western Board to relocate. If the Western Board does not relocate by June 30, 2006, the amounts provided in this subsection shall lapse.))
Sec. 152. 2005 c 518 s 154 (uncodified) is amended to read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention and Trade Center Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $30,512,000
State Convention and Trade Center Operating
Account--State Appropriation. . . . . . . . . . . . (($46,470,000))
$46,491,000
TOTAL APPROPRIATION. . .(($76,982,000))
$77,003,000
Sec. 153. 2005 c 518 s 155 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General Fund--State Appropriation (FY 2006). . . . .(($550,000))
$745,000
General Fund--State Appropriation (FY 2007). . . . .(($549,000))
$728,000
General Fund--Federal Appropriation. . . . . . . . . . (($1,446,000))
$1,037,000
General Fund--Private/Local Appropriation. . . . . . . . . . $14,000
Pension Funding Stabilization Account Appropriation. . .$3,000
TOTAL APPROPRIATION. . . .(($2,559,000))
$2,527,000
(End of part)
PART II
HUMAN SERVICES
Sec. 201. 2005 c 518 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, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3)(a) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified in this act. However, after May 1, 2006, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2006 among programs after approval by the director of financial management. However, the department shall not transfer state moneys that are provided solely for a specified purpose except as expressly provided in (b) of this subsection.
(b) To the extent that transfers under (a) of this subsection are insufficient to fund actual expenditures in excess of fiscal year 2006 caseload forecasts and utilization assumptions in the medical assistance, long-term care, foster care, adoption support, and child support programs, the department may transfer state moneys that are provided solely for a specified purpose, other than family support appropriations for the developmental disabilities program in section 205(1)(e) of this act, after approval by the director of financial management.
(c) The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any allotment modifications or transfers under this subsection. The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.
(4) The department is authorized to expend up to $13,500,000 of its general fund--state appropriation for fiscal year 2007 for any reductions in federal funding in fiscal year 2006 for targeted case management services for children who are in the care of the state. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any allotment modifications under this subsection.
(5) The department is authorized to develop an integrated health care program designed to slow the progression of illness and disability and better manage Medicaid expenditures for the aged and disabled population. Under this Washington medicaid integration partnership (WMIP) the department may combine and transfer such Medicaid funds appropriated under sections 204, 206, 208, and 209 of this act as may be necessary to finance a unified health care plan for the WMIP program enrollment. The WMIP pilot projects shall not exceed a daily enrollment of 6,000 persons during the 2005-2007 biennium. The amount of funding assigned to the pilot projects from each program may not exceed the average per capita cost assumed in this act for individuals covered by that program, actuarially adjusted for the health condition of persons enrolled in the pilot, times the number of clients enrolled in the pilot. In implementing the WMIP pilot projects, the department may: (a) Withhold from calculations of "available resources" as set forth in RCW 71.24.025 a sum equal to the capitated rate for individuals enrolled in the pilots; and (b) employ capitation financing and risk-sharing arrangements in collaboration with health care service contractors licensed by the office of the insurance commissioner and qualified to participate in both the medicaid and medicare programs. The department shall conduct an evaluation of the WMIP, measuring changes in participant health outcomes, changes in patterns of service utilization, participant satisfaction, participant access to services, and the state fiscal impact.
(((4))) (6) In accordance with RCW 74.39A.300, the appropriations to the department of social and health services in this act are sufficient to implement the compensation and fringe benefits of the collective bargaining agreement reached between the governor and the exclusive bargaining representative of individual providers of home care services.
(7) No state or federal funds appropriated in sections 202 through 212 of this act for medicaid programs shall be expended except for clients meeting the verified social security number requirements set forth in 42 C.F.R. Sec. 435(J) as of February 23, 2006.
Sec. 202. 2005 c 518 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 2006). (($251,005,000))
$257,266,000
General Fund--State Appropriation (FY 2007). (($266,350,000))
$287,764,000
General Fund--Federal Appropriation. . . . . . . . (($421,401,000))
$433,840,000
General Fund--Private/Local Appropriation. . . . . . . . . .$400,000
Domestic Violence Prevention Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,345,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($10,754,000))
$6,755,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,510,000))
$5,510,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$699,000
TOTAL APPROPRIATION. .(($951,420,000))
$993,579,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,271,000 of the general fund--state appropriation for fiscal year 2006, $2,271,000 of the general fund--state appropriation for fiscal year 2007, and $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."
(2) $701,000 of the general fund--state appropriation for fiscal year 2006 and $701,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility shall also provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(3) $375,000 of the general fund--state appropriation for fiscal year 2006, $375,000 of the general fund--state appropriation for fiscal year 2007, and $322,000 of the general fund--federal appropriation are provided solely for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or that have successfully performed under the existing pediatric interim care program.
(4) $125,000 of the general fund--state appropriation for fiscal year ((2004)) 2006 and $125,000 of the general fund--state appropriation for fiscal year ((2005)) 2007 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually.
(5) The providers for the 31 HOPE beds shall be paid a $1,000 base payment per bed per month, and reimbursed for the remainder of the bed cost only when the beds are occupied.
(6) Within amounts provided for the foster care and adoption support programs, the department shall control reimbursement decisions for foster care and adoption support cases such that the aggregate average cost per case for foster care and for adoption support does not exceed the amounts assumed in the projected caseload expenditures. The department shall adjust adoption support benefits to account for the availability of the new federal adoption support tax credit for special needs children. The department shall report annually by October 1st to the appropriate committees of the legislature on the specific efforts taken to contain costs.
(7) (($3,837,000)) $4,661,000 of the general fund--state appropriation for fiscal year 2006, (($6,352,000)) $12,666,000 of the general fund--state appropriation for fiscal year 2007, and (($4,370,000)) $7,443,000 of the general fund--federal appropriation are provided solely for reforms to the child protective services and child welfare services programs, including ((30-day)) improvement in achieving face-to-face contact for children ((in out-of-home care)) every 30 days, improved timeliness of child protective services investigations, ((an enhanced in-home child welfare services program,)) and education specialist services. The department shall report by December 1st of each year on the implementation status of the enhancements, including the hiring of new staff, and the outcomes of the reform efforts. The information provided shall include a progress report on items in the child and family services review program improvement plan and areas identified for improvement in the Braam lawsuit settlement.
(8) Within amounts appropriated in this section, priority shall be given to proven intervention models, including evidence-based prevention and early intervention programs identified by the Washington institute for public policy and the department. The department shall include information on the number, type, and outcomes of the evidence-based programs being implemented in its reports on child welfare reform efforts.
(9) $227,000 of the general fund--state appropriation for fiscal year 2006 and $228,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the state association of children's advocacy centers. Funds may be used for (a) children's advocacy centers that meet the national children's alliance accreditation standards for full membership, and are members in good standing; (b) communities in the process of establishing a center; and (c) the state association of children's advocacy centers. A 50 percent match will be required of each center receiving state funding.
(10) $50,000 of the general fund--state appropriation for fiscal year 2006 and $50,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a street youth program in Spokane.
(11) $4,672,000 of the general fund--state appropriation for fiscal year 2006 and $4,672,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for secure crisis residential centers.
(12) $572,000 of the general fund--state appropriation for fiscal year 2006((, $572,000)) and $1,144,000 of the general fund--state appropriation for fiscal year 2007((, and $1,144,000 of the general fund--federal appropriation)) are provided solely for section 305 of Senate Bill No. 5763 (mental disorders treatment) for chemical dependency specialist services.
(13) $3,500,000 of the general fund--state appropriation for fiscal year 2007 and $1,500,000 of the general fund--federal appropriation are provided solely for Engrossed Senate Bill No. 5922 (child neglect). If the bill is not enacted by June 30, 2005, these amounts shall lapse.
(14) $1,345,000 of the domestic violence prevention account appropriation is provided solely for the implementation of chapter 374, Laws of 2005.
(15) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the supervised visitation and safe exchange center in Kent. The department shall not retain any portion for administrative purposes.
(16) $450,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Second Substitute House Bill No. 2002 (foster care support services). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(17) $521,000 of the general fund--state appropriation for fiscal year 2007 and $223,000 of the general fund--federal appropriation are provided solely to implement Second Substitute House Bill No. 3115 (foster care critical support). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(18) The department shall evaluate integrating a family assessment component into its practice model for working with lower risk families involved with child protective services. The department shall report its findings to the joint task force on child safety for children in child protective services or child welfare services by July 1, 2007.
(19) $312,000 of the general fund--state appropriation for fiscal year 2007 and $11,000 of the general fund--federal appropriation are provided solely for a trauma mitigation pilot program for children who have been found to be dependent pursuant to chapter 13.34 RCW.
(a) The pilot program shall be implemented through a contract with the safe harbor crisis nursery located in Kennewick, Washington.
(b) The pilot program shall:
(i) Implement a regional trauma mitigation early intervention program using evidence-based practice, including trauma-focused cognitive behavioral therapy, to reduce the effects on dependent children of exposure to trauma; and
(ii) Identify and strengthen local resources for developmentally appropriate services for dependent children who have experienced trauma and their families.
(c) The pilot program's service components shall include receiving care, child care, periodic interventions, and periodic follow-up assessments.
(d) The pilot program shall provide for the dissemination of information and training for professionals, parents, foster parents, and caregivers regarding the long-term impacts of exposure to trauma and evidence-based practices, strategies, and resources for mitigating the impact of exposure to trauma.
(e) The department shall report to the appropriate policy committees of the legislature regarding impact and outcomes of the pilot program by June 30, 2007.
(20) $3,600,000 of the general fund--state appropriation for fiscal year 2006, $3,600,000 of the general fund--state appropriation for fiscal year 2007, and $7,400,000 of the general fund--federal appropriation are provided solely for the medicaid treatment child care (MTCC) program. The department shall contract for MTCC services. In addition to referrals made by children's administration case workers, the department shall authorize children referred to the MTCC program by local public health nurses and case workers from the temporary assistance for needy families (TANF) program, as long as the children meet the eligibility requirements as outlined in the Washington state plan for the MTCC program. Starting in June 2006, the department shall report quarterly to the appropriate policy committees of the legislature on the MTCC program and include monthly statewide and regional information on: (a) The number of referrals; (b) the number of authorized referrals and child enrollments; and (c) program expenditure levels.
(21) The department shall contract with the county public health department in region 4 for a position to coordinate referrals made to the medicaid treatment child care (MTCC) program. In implementing this provision, the department shall work with the county public health department to develop a memorandum of agreement that includes protocols for accessing the department's child welfare information system for purposes of identifying and referring eligible children to the MTCC program. The pilot program shall be implemented by July 1, 2006.
Sec. 203. 2005 c 518 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
General Fund--State Appropriation (FY 2006). . (($78,552,000))
$78,963,000
General Fund--State Appropriation (FY 2007). . (($81,760,000))
$80,340,000
General Fund--Federal Appropriation. . . . . . . . . . (($5,998,000))
$5,668,000
General Fund--Private/Local Appropriation. . . . . . . . $1,098,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $38,385,000
Juvenile Accountability Incentive Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($5,621,000))
$5,516,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$449,000
TOTAL APPROPRIATION. .(($211,414,000))
$210,419,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $706,000 of the violence reduction and drug enforcement account appropriation is provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
(2) $6,156,000 of the violence reduction and drug enforcement account appropriation is provided solely for the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 338, Laws of 1997 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
(3) $1,020,000 of the general fund--state appropriation for fiscal year 2006, $1,030,000 of the general fund--state appropriation for fiscal year 2007, and $5,345,000 of the violence reduction and drug enforcement account appropriation are provided solely to implement community juvenile accountability grants pursuant to chapter 338, Laws of 1997 (juvenile code revisions). Funds provided in this subsection may be used solely for community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants.
(4) $2,997,000 of the violence reduction and drug enforcement account appropriation is provided solely to implement alcohol and substance abuse treatment programs for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that submitted a plan for the provision of services approved by the division of alcohol and substance abuse. The juvenile rehabilitation administration shall develop criteria for evaluation of plans submitted and a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation.
(5) For the purposes of a pilot project, the juvenile rehabilitation administration shall provide a block grant, rather than categorical funding, for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative to the Pierce county juvenile court. To evaluate the effect of decategorizing funding for youth services, the juvenile court shall do the following:
(a) Develop intermediate client outcomes according to the risk assessment tool (RAT) currently used by juvenile courts and in coordination with the juvenile rehabilitation administration;
(b) Track the number of youth participating in each type of service, intermediate outcomes, and the incidence of recidivism within twenty-four months of completion of services;
(c) Track similar data as in (b) of this subsection with an appropriate comparison group, selected in coordination with the juvenile rehabilitation administration and the family policy council;
(d) Document the process for managing block grant funds on a quarterly basis, and provide this report to the juvenile rehabilitation administration and the family policy council; and
(e) Provide a process evaluation to the juvenile rehabilitation administration and the family policy council by June 20, 2006, and a concluding report by June 30, 2007. The court shall develop this evaluation in consultation with the juvenile rehabilitation administration, the family policy council, and the Washington state institute for public policy.
(6) $319,000 of the general fund--state appropriation for fiscal year 2006 and $678,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to establish a reinvesting in youth pilot program. Participation shall be limited to three counties or groups of counties, including one charter county with a population of over eight hundred thousand residents and at least one county or group of counties with a combined population of three hundred thousand residents or less.
(a) Only the following intervention service models shall be funded under the pilot program: (i) Functional family therapy; (ii) multi-systemic therapy; and (iii) aggression replacement training.
(b) Subject to (c) of this subsection, payments to counties in the pilot program shall be sixty-nine percent of the average service model cost per youth times the number of youth engaged by the selected service model. For the purposes of calculating the average service model cost per engaged youth for a county, the following costs will be included: Staff salaries, staff benefits, training, fees, quality assurance, and local expenditures on administration.
(c) Distribution of moneys to the charter county with a population of over eight hundred thousand residents shall be based upon the number of youth that are engaged by the intervention service models, up to six hundred thousand dollars for the biennium. The department may distribute the remaining grant moneys to the other counties selected to participate in the pilot program.
(d) The department shall provide recommendations to the legislature by June 30, 2006, regarding a cost savings calculation methodology, a funds distribution formula, and criteria for service model eligibility for use if the reinvesting in youth program is continued in future biennia.
(((e) $248,000 of the general fund--state appropriation for fiscal year 2006 and $496,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to reimburse counties for local juvenile disposition alternatives implemented pursuant to House Bill No. 2073 (juvenile sentencing) and Senate Bill No. 5719 (community commitment). The juvenile rehabilitation administration, in consultation with the juvenile court administrators, shall develop an equitable distribution formula for the funding provided in this subsection, and negotiate contracts that would avoid the cost of a youth kept in the community costing more than serving the youth in a juvenile rehabilitation institution and parole program on an average daily population basis. The juvenile rehabilitation administration may adjust the funding level provided in this subsection in the event that utilization rates of the disposition alternatives are lower than the level anticipated by the total appropriation to the juvenile rehabilitation administration in this section. The juvenile rehabilitation administration shall report to the appropriate policy and fiscal committees of the legislature on the use of the disposition alternatives and revocations by December 1, 2006. If either bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.))
Sec. 204. 2005 c 518 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 2006). (($261,430,000))
$260,292,000
General Fund--State Appropriation (FY 2007). (($269,285,000))
$278,337,000
General Fund--Federal Appropriation. . . . . . . . (($336,771,000))
$344,008,000
General Fund--Private/Local Appropriation. . . . . . . . $1,970,000
TOTAL APPROPRIATION. .(($869,456,000))
$884,607,000
The appropriations in this subsection are subject to the following conditions and limitations:
(((b))) (a) $103,400,000 of the general fund--state appropriation for fiscal year 2006 ((and $103,400,000 of the general fund--state appropriation for fiscal year 2007 are)) is provided solely for persons and services not covered by the medicaid program. The department shall distribute ((these amounts)) this amount among the regional support networks according to a formula that, consistent with RCW 71.24.035(13), assures continuation of fiscal year 2003 levels of nonmedicaid service in each regional support network area for the following service categories in the following priority order: (i) Crisis and commitment services; (ii) community inpatient services; and (iii) residential care services, including personal care and emergency housing assistance. The formula shall also ensure that each regional support network's combined state and federal allocation is no less than the amount it was due under the fiscal year 2005 allocation methodology. The remaining amounts shall be distributed based upon a formula that incorporates each regional support network's percentage of the state's population. ((In consultation with regional support networks and other interested groups, the department shall report to the joint legislative and executive task force by September 2006 on options for modifying the allocation formula to assure equitable statewide access to essential nonmedicaid services.
(c))) (b) $103,777,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for persons and services not covered by the medicaid program. Consistent with RCW 71.24.035(13), these funds shall be distributed proportional to each regional support network's percentage of the total state population.
(c) $10,561,000 of the general fund--state appropriation for fiscal year 2007 and $10,561,000 of the general fund--federal appropriation are provided solely to increase medicaid capitation rates (i) by three percent, for regional support networks whose fiscal year 2006 capitation rates are above the statewide population-weighted average; and (ii) to the statewide population-weighted average, for regional support networks whose fiscal year 2006 capitation rates are below that level.
(d) $359,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to ensure that no regional support network's combined state and federal allocation is less than the amount it was due under the fiscal year 2006 allocation methodology.
(e) From the general fund--state appropriations in this subsection, the secretary of social and health services shall assure that regional support networks reimburse the aging and disability services administration for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.
(((d))) (f) Within amounts appropriated in this subsection, the department shall contract with the Clark county regional support network for development and operation of a project demonstrating collaborative methods for providing intensive mental health services in the school setting for severely emotionally disturbed children who are medicaid eligible. Project services shall be delivered by teachers and teaching assistants who qualify as, or who are under the supervision of, mental health professionals meeting the requirements of chapter 275-57 WAC. The department shall increase medicaid payments to the regional support network by the amount necessary to cover the necessary and allowable costs of the demonstration, not to exceed the upper payment limit specified for the regional support network in the department's medicaid waiver agreement with the federal government after meeting all other medicaid spending requirements assumed in this subsection. The regional support network shall provide the required nonfederal share of the increased medicaid payment provided for operation of this project.
(((e))) (g) $3,100,000 of the general fund--state appropriation for fiscal year 2006 and $3,375,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to establish a base community psychiatric hospitalization payment rate. The base payment rate shall be $400 per indigent patient day at hospitals that accept commitments under the involuntary treatment act, and $550 per medicaid patient day at free-standing psychiatric hospitals that accept commitments under the involuntary treatment act. The department shall allocate these funds among the regional support networks to reflect projected expenditures at the enhanced payment level by hospital and region.
(((f))) (h) At least $902,000 of the federal block grant funding appropriated in this subsection shall be used for the continued operation of the mentally ill offender pilot program.
(((g) $2,146,000 of the general fund--state appropriation for fiscal year 2006, $4,408,000 of the general fund--state appropriation for fiscal year 2007, and $4,559,000 of the general fund--federal appropriation are provided solely for a vendor rate increase to regional support networks for medicaid and nonmedicaid services, to the extent that: Amounts provided in this subsection (1) to serve medicaid clients through regional support networks are sufficient to ensure compliance with federally approved actuarially sound medicaid rate ranges in every rate category. If such amounts are not sufficient to ensure compliance, funds provided in this subsection (1)(g) shall first be applied to address any noncompliant rate category; remaining amounts shall be allocated among the regional support networks by applying a uniform percentage of increase across regional support networks.
(h))) (i) $5,000,000 of the general fund--state appropriation for fiscal year 2006 and $5,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon mentally ill offenders' release from confinement. These amounts shall supplement, and not supplant, local or other funding or in-kind resources currently being used for these purposes. The department is authorized to transfer such amounts as are necessary, which are not to exceed $418,000 of the general fund--state appropriation for fiscal year 2006 and $418,000 of the general fund--state appropriation for fiscal year 2007, to the economic services program for the purposes of implementing section 12 of Engrossed Second Substitute House Bill No. 1290 (community mental health) related to reinstating and facilitating access to mental health services upon mentally ill offenders' release from confinement.
(((i))) (j) $1,500,000 of the general fund--state appropriation for fiscal year 2006 and $1,500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants for innovative mental health service delivery projects. Such projects may include, but are not limited to, clubhouse programs and projects for integrated health care and behavioral health services for general assistance recipients. These amounts shall supplement, and not supplant, local or other funding currently being used for activities funded under the projects authorized in this subsection.
(((j))) (k) The department is authorized to continue to expend federal block grant funds, and special purpose federal grants, through direct contracts, rather than through contracts with regional support networks; and to distribute such funds through a formula other than the one established pursuant to RCW 71.24.035(13).
(((k))) (l) The department is authorized to continue to contract directly, rather than through contracts with regional support networks, for children's long-term inpatient facility services.
(((l))) (m) $2,250,000 of the general fund--state appropriation for fiscal year 2006, $2,250,000 of the general fund--state appropriation for fiscal year 2007, and $4,500,000 of the general fund--federal appropriation are provided solely for the continued operation of community residential and support services for persons who are older adults or who have co-occurring medical and behavioral disorders and who have been discharged or diverted from a state psychiatric hospital. These funds shall be used to serve individuals whose treatment needs constitute substantial barriers to community placement, who no longer require active psychiatric treatment at an inpatient hospital level of care, and who no longer meet the criteria for inpatient involuntary commitment. Coordination of these services will be done in partnership between the mental health program and the aging and disability services administration. The funds are not subject to the standard allocation formula applied in accordance with RCW 71.24.035(13)(a).
(((m))) (n) $750,000 of the general fund--state appropriation for fiscal year 2006 and $750,000 of the general fund--state appropriation for fiscal year 2007 are provided to continue performance-based incentive contracts to provide appropriate community support services for individuals with severe mental illness who have been discharged from the state hospitals. These funds will be used to enhance community residential and support services provided by regional support networks through other state and federal funding.
(((n))) (o) $539,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to assist with the one-time start-up costs of two evaluation and treatment facilities. Funding for ongoing program operations shall be from existing funds that would otherwise be expended upon short-term treatment in state or community hospitals.
(((o))) (p) $550,000 of the general fund--state appropriation for fiscal year 2006 and $150,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for ((a pilot project that provides integrated care through a facility specializing in long-term rehabilitation services for people with chronic mental illness who are chronically medically-compromised. This project is to be implemented in coordination with and under the auspices of a regional support network)) enhancing rates to a facility that (i) is a licensed nursing home; (ii) is considered to be an "Institution for Mental Diseases" under centers for medicare and medicaid services criteria; (iii) specializes in long-term rehabilitation services for people with chronic mental illness who are chronically medically-compromised; and (iv) provides services to a minimum of 48 consumers funded by a regional support network. These amounts shall be provided in coordination with and under the auspices of a regional support network and shall enhance, and not supplant, other funding or in-kind resources currently being used for these purposes. These funds shall be used to cover costs incurred throughout fiscal year 2006 and fiscal year 2007 and ensure adequate compensation for extra medical care services, personal care services, and other incidental costs that are not fully covered in the current rate paid to the facility.
(q) $900,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the mental health division, in collaboration with the children's administration and the juvenile rehabilitation services administration, to establish a two-site pilot program to provide evidence-based mental health services to children. The mental health service or services to be provided under the pilot program must be selected from a list of evidence-based service options developed by the department, in consultation with a broadly representative group of individuals with expertise in children's mental health.
(i) Program sites shall be selected through a request for proposal (RFP) process, open to counties or groups of counties, and shall be operational by December 2006.
(ii) Pilot site proposals shall be required to include: A designated lead agency and a commitment to work with community partners, including consumer/family representatives and representatives of the local mental health, juvenile justice, and child welfare systems and, at the applicant's discretion, may also include representatives of other child-serving systems such as health care and education; identification of areas of potential need based upon input from community partners; identification of the service or services that the pilot site would implement based upon community needs and resources; and demonstration of a commitment to participate in efforts that will ensure adherence to the chosen evidence-based practices and evaluate outcomes of implementation of the evidence-based practices.
(iii) The department shall contract with the University of Washington school of medicine's department of psychiatry and behavioral sciences division of public behavioral health and justice to provide support and assistance in all phases of the pilot program, including initiating, implementing, training providers, providing quality assurance, and monitoring implementation and outcomes.
(r) Amounts provided in this subsection are sufficient to implement Second Substitute House Bill No. 2912 (mental health professionals).
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2006). (($104,749,000))
$113,752,000
General Fund--State Appropriation (FY 2007). (($110,534,000))
$125,276,000
General Fund--Federal Appropriation. . . . . . . . (($150,115,000))
$143,693,000
General Fund--Private/Local Appropriation. . . . (($29,632,000))
$29,767,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$965,000
TOTAL APPROPRIATION. .(($395,030,000))
$413,453,000
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) $3,725,000 of the general fund--state appropriation for fiscal year 2006 and $3,675,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to operate at least one more forensic ward at western state hospital than was operational in December 2004, and to employ professional staff in addition to those assigned in December 2004 to conduct outpatient evaluations of competency to stand trial.
(c) $45,000 of the general fund--state appropriation for fiscal year 2006 and $45,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for payment to the city of Lakewood on September 1 of each year for police services provided by the city at western state hospital and adjacent areas.
(3) CIVIL COMMITMENT
General Fund--State Appropriation (FY 2006). . (($43,322,000))
$40,499,000
General Fund--State Appropriation (FY 2007). . (($46,551,000))
$45,276,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$129,000
TOTAL APPROPRIATION. . .(($89,873,000))
$85,904,000
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 2006). . . . . . . $643,000
General Fund--State Appropriation (FY 2007). . . . .(($994,000))
$20,994,000
General Fund--Federal Appropriation. . . . . . . . . . . . .$3,209,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000
TOTAL APPROPRIATION. . . .(($4,846,000))
$24,847,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $75,000 of the general fund--state appropriation for fiscal year 2006, $75,000 of the general fund--state appropriation for fiscal year 2007, and $40,000 of the general fund--federal appropriation are provided solely to implement the request for proposal process required by House Bill No. 1290 (community mental health). If House Bill No. 1290 is not enacted by June 30, 2005, these amounts shall lapse.
(b) $178,000 of the general fund--state appropriation for fiscal year 2006 and $221,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to develop and to train community mental health staff in the use of the integrated chemical dependency/mental health screening and assessment system and tool required by section 601 of Senate Bill No. 5763 (mental disorders treatment). If section 601 of Senate Bill No. 5763 is not enacted by June 30, 2005, these amounts shall lapse.
(c) $20,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of a comprehensive strategy for transforming the delivery of public mental health services for people with severe and persistent mental illness. The strategy shall clearly define state hospital and regional support network (RSN) responsibilities with regard to people who require short and long-term care; emphasize the use of evidence-based practices; fund the phased-in development and ongoing support of community-based alternatives to state psychiatric hospitalization; provide for temporary increases in state hospital capacity only to the extent needed during community service development; link the receipt of community funding to achievement of negotiated performance objectives, and to not pursuing claims for alleged damages from past practices; hold RSN's accountable for managing state hospital admissions and discharges within bed allocation targets established by the department in contract; and hold the state hospitals accountable for admitting people who need acute care on a timely basis, and for effectively supporting these individuals' recovery and return to the community. The legal framework and accountability mechanisms within which the initiative will operate shall be further defined in policy legislation that will be enacted prior to the end of the 2006 legislative session. Key components of the strategy will be specified and funded in further detail in the enacted 2006 supplemental budget.
(5) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2006). . . (($3,620,000))
$6,577,000
General Fund--State Appropriation (FY 2007). . . (($3,550,000))
$3,938,000
General Fund--Federal Appropriation. . . . . . . . . . (($6,671,000))
$5,825,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,000
TOTAL APPROPRIATION. . .(($13,841,000))
$16,359,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $125,000 of the general fund--state appropriation for fiscal year 2006, $125,000 of the general fund--state appropriation for fiscal year 2007, and $164,000 of the general fund--federal appropriation are provided solely for the institute for public policy to continue the longitudinal analysis directed in chapter 334, Laws of 2001 (mental health performance audit), and, to the extent funds are available within these amounts, to build upon the evaluation of the impacts of chapter 214, Laws of 1999 (mentally ill offenders).
(b) $2,032,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the purposes of complying with and satisfaction of a final court order and judgment in Pierce County, et al v. State of Washington and State of Washington Department of Social and Health Services, et al, Thurston County Superior Court Cause No. 03-2-00918-8.
(c) $520,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the purposes of settling all claims in County of Spokane, a Washington municipal entity v. State of Washington Department of Social and Health Services and Dennis Braddock, the Secretary of the Department of Social and Health Services, in his official capacity, Thurston County Superior Court Cause No. 03-2-01268-5. The expenditure of this amount is contingent on the release of all claims in the case, and total settlement costs shall not exceed the amount provided in this subsection. If the settlement is not executed by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 205. 2005 c 518 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 2006). (($299,027,000))
$296,430,000
General Fund--State Appropriation (FY 2007). (($311,869,000))
$311,417,000
General Fund--Federal Appropriation. . . . . . . . (($505,414,000))
$502,053,000
Health Services Account--State Appropriation. . . . . . . $904,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$138,000
TOTAL APPROPRIATION(($1,117,214,000))
$1,110,942,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The entire health services account appropriation, (($213,000)) $151,000 of the general fund--state appropriation for fiscal year 2006, (($400,000)) $427,000 of the general fund--state appropriation for fiscal year 2007, and (($600,000)) $1,482,000 of the general fund--federal appropriation are provided solely for health care benefits for agency home care workers who are employed through state contracts for at least twenty hours a week. The ((per worker per month)) state contribution ((per agency)) to the cost of health care benefits per participating worker per month shall be no greater than (($380.06)) $449.00 in fiscal year 2006 and (($413.14)) $532.00 in fiscal year 2007.
(b) Individuals receiving family support or high school transition payments as supplemental security income (SSI) state supplemental payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(c) $516,000 of the general fund--state appropriation for fiscal year 2006, (($1,563,000)) $1,917,000 of the general fund--state appropriation for fiscal year 2007, and (($2,078,000)) $2,433,000 of the general fund--federal appropriation are provided solely for community residential and support services. Funding in this subsection shall be prioritized for (i) residents of residential habilitation centers who are able to be adequately cared for in community settings and who choose to live in those community settings; (ii) clients without residential services who are at immediate risk of institutionalization or in crisis; (iii) children who are aging out of other state services; and (iv) current home and community-based waiver program clients who have been assessed as having an immediate need for increased services. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds provided the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall electronically report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.
(d) $579,000 of the general fund--state appropriation for fiscal year 2006, (($1,531,000)) $1,735,000 of the general fund--state appropriation for fiscal year 2007, and (($2,110,000)) $2,315,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues. Funding in this subsection shall be prioritized for (i) clients being diverted or discharged from the state psychiatric hospitals; (ii) clients participating in the dangerous mentally ill offender program; (iii) clients participating in the community protection program; and (iv) mental health crisis diversion outplacements. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. In order to maximize the number of clients served and ensure the cost-effectiveness of the waiver programs, the department will strive to limit new client placement expenditures to 90 percent of the budgeted daily rate. If this can be accomplished, additional clients may be served with excess funds if the total projected carry-forward expenditures do not exceed the amounts estimated. The department shall implement the four new waiver programs such that decisions about enrollment levels and the amount, duration, and scope of services maintain expenditures within appropriations. The department shall electronically report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.
(e) $12,902,000 of the general fund--state appropriation for fiscal year 2006, $13,802,000 of the general fund--state appropriation for fiscal year 2007, and $8,579,000 of the general fund--federal appropriation are provided solely for family support programs for individuals with developmental disabilities.
Of the amounts provided in this subsection (e), $900,000 of the general fund--state appropriation for fiscal year 2006 and $1,600,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of a flexible family support pilot program for families who are providing care and support for family members with developmental disabilities. The program shall provide funding for support services such as respite care, training and counseling, assistive technologies, transition services, and assistance with extraordinary household expenses.
(i) To receive funding, an individual must: (A) Be eligible for services from the division of developmental disabilities; (B) live with his or her family; (C) not live independently or with a spouse; (D) not receive paid services through the division, including medicaid personal care and medicaid waiver services; and (E) have gross household income of less than or equal to four hundred percent of the federal poverty level.
(ii) The department shall determine individual funding awards based on the following criteria: (A) Documented need for services, with priority given to individuals in crisis or at immediate risk of needing institutional services, individuals who transition from high school without employment or day program opportunities, individuals cared for by a single parent, and individuals with multiple disabilities; (B) number and ages of family members and their relation to the individual with developmental disabilities; (C) gross annual household income; and (D) availability of state funds.
Funding awards may be made as one-time awards or on a renewable basis. Renewable awards shall be for a period of twelve months for the biennium. Awards shall be based upon the criteria provided in this subsection, but shall be within the following limits: Maximum of $4,000 per year for an individual whose gross annual household income is up to 100 percent of the federal poverty level; maximum of $3,000 per year for an individual whose gross annual household income is up to 200 percent of the federal poverty level; maximum of $2,000 per year for an individual whose gross annual household income is up to 300 percent of the federal poverty level; and maximum of $1,000 per year for an individual whose gross annual household income is up to 400 percent of the federal poverty level. Of the amounts provided in this subsection, $150,000 of the general fund--state appropriation for fiscal year 2006 and $300,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for one-time awards.
(iii) Eligibility for, and the amount of, renewable awards and one-time awards shall be redetermined annually and shall correspond with the application of the department's mini-assessment tool. At the end of each award period, the department must redetermine eligibility for funding, including increases or reductions in the level of funding, as appropriate.
(iv) By November 1, 2006, the department shall provide recommendations to the appropriate policy and fiscal committees of the legislature on strategies for integrating state-funded family support programs, including, if appropriate, the flexible family support pilot program, into a single program. The department shall also provide a status report on the flexible family support pilot program, which shall include the following information: The number of applicants for funding; the total number of awards; the number and amount of both annual and one-time awards, broken down by household income levels; and the purpose of the awards.
(v) The department shall manage enrollment and award levels so as to not exceed the amounts appropriated for this purpose.
(f) $840,000 of the general fund--state appropriation for fiscal year 2006, (($1,979,000)) $3,060,000 of the general fund--state appropriation for fiscal year 2007, and (($1,219,000)) $1,500,000 of the general fund--federal appropriation are provided solely for employment and day services. Priority consideration for this new funding shall be young adults with developmental disabilities living with their family who need employment opportunities and assistance after high school graduation. Services shall be provided for both waiver and nonwaiver clients.
(g) $1,000,000 of the general fund--state appropriation for fiscal year 2006, $1,000,000 of the general fund--state appropriation for fiscal year 2007, and $2,000,000 of the general fund--federal appropriation are provided for implementation of the administrative rate standardization. These amounts are in addition to any vendor rate increase adopted by the legislature.
(h) $100,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for services to community clients provided by licensed professionals at the state residential habilitation centers. The division shall submit claims for reimbursement for services provided to clients living in the community with medical assistance or third-party health coverage, as appropriate, and shall implement a system for billing clients without coverage. The department shall provide a report by December 1, 2006, to the appropriate committees of the legislature on the number of clients served, services provided, and expenditures and revenues associated with those services.
(i) $65,000 of the general fund--state appropriation for fiscal year 2006((, $65,000 of the general fund--state appropriation for fiscal year 2007,)) and (($130,000)) $65,000 of the general fund--federal appropriation are provided solely for supplemental compensation increases for direct care workers employed by home care agencies in recognition of higher labor market cost pressures experienced by agencies subject to collective bargaining obligations. In order for a specific home care agency to be eligible for such increases, home care agencies shall submit the following to the department:
(i) Proof of a legally binding, written commitment to increase the compensation of agency home care workers; and
(ii) Proof of the existence of a method of enforcement of the commitment, such as arbitration, that is available to the employees or their representative, and proof that such a method is expeditious, uses a neutral decision maker, and is economical for the employees.
(j) $12,000 of the general fund--state appropriation for fiscal year 2007 and $12,000 of the general fund--federal appropriation are provided solely to increase boarding home provider payment rates by 1.0 percent, effective July 1, 2006.
(k) $134,000 of the general fund--state appropriation for fiscal year 2007 and $134,000 of the general fund--federal appropriation are provided solely to increase adult family home provider payment rates by 1.0 percent, effective July 1, 2006.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2006). . (($76,062,000))
$76,623,000
General Fund--State Appropriation (FY 2007). . (($78,545,000))
$78,815,000
General Fund--Federal Appropriation. . . . . . . . (($152,479,000))
$153,797,000
General Fund--Private/Local Appropriation. . . . (($12,000,000))
$11,236,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$457,000
TOTAL APPROPRIATION. .(($319,086,000))
$320,928,000
The appropriations in this subsection are subject to the following conditions and limitations: The developmental disabilities program is authorized to use funds appropriated in this section to purchase goods and supplies through direct contracting with vendors when the program determines it is cost-effective to do so.
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2006). . . (($2,457,000))
$2,312,000
General Fund--State Appropriation (FY 2007). . . (($2,068,000))
$1,924,000
General Fund--Federal Appropriation. . . . . . . . . . (($3,034,000))
$3,014,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17,000
TOTAL APPROPRIATION. . . .(($7,559,000))
$7,267,000
The appropriations in this subsection are subject to the following conditions and limitations: $578,000 of the general fund--state appropriation for fiscal year 2006 and $578,000 of the general fund--federal appropriation are provided solely for the purpose of developing and implementing a consistent needs assessment instrument for use on all clients with developmental disabilities. In developing the instrument, the department shall develop a process for collecting data on family income for minor children with developmental disabilities and all individuals who are receiving state-only funded services. The department shall ensure that this information is captured as part of the client assessment process.
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 2006). . . . . . . . $11,000
General Fund--State Appropriation (FY 2007). . . . . . . . $17,000
General Fund--Federal Appropriation. . . . . . . . . (($16,668,000))
$17,238,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,000
TOTAL APPROPRIATION. . .(($16,696,000))
$17,268,000
Sec. 206. 2005 c 518 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 2006). (($604,891,000))
$610,472,000
General Fund--State Appropriation (FY 2007). (($623,448,000))
$667,693,000
General Fund--Federal Appropriation. . . . . . (($1,264,939,000))
$1,316,275,000
General Fund--Private/Local Appropriation. . . . (($18,939,000))
$18,949,000
Health Services Account--State Appropriation. . . . . .$4,888,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$317,000
TOTAL APPROPRIATION(($2,517,105,000))
$2,618,594,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire health services account appropriation, (($610,000)) $6,911,000 of the general fund--state appropriation for fiscal year 2006, (($610,000)) $11,571,000 of the general fund--state appropriation for fiscal year 2007, and (($5,552,000)) $23,251,000 of the general fund--federal appropriation are provided solely for health care benefits for agency home care workers who are employed through state contracts for at least twenty hours a week. The ((per worker per month)) state contribution ((per agency)) to the cost of health care benefits per eligible participating worker per month shall be no greater than (($380.06)) $449.00 in fiscal year 2006 and (($413.14)) $532.00 per month in fiscal year 2007. The department, in consultation with the home care quality authority and the health care authority, shall examine how the state determines the appropriate level of health care costs when establishing state contribution rates for all agency and individual home care workers caring for state subsidized clients. The department shall recommend options as to how equivalent benefits can be purchased on behalf of home care workers in a more cost effective manner to the office of financial management and the appropriate fiscal committees of the legislature by October 1, 2006.
(2) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall not exceed (($149.14)) $147.57 for fiscal year 2006 and shall not exceed (($153.50)) $158.55 for fiscal year 2007.
(3) In accordance with chapter 74.46 RCW, the department shall issue certificates of capital authorization that result in up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2006; up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2007; and up to $16 million of increased asset value completed and ready for occupancy in fiscal year 2008.
(4) Adult day health services shall not be considered a duplication of services for persons receiving care in long-term care settings licensed under chapter 18.20, 72.36, or 70.128 RCW.
(5) In accordance with chapter 74.39 RCW, the department may implement two medicaid waiver programs for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:
(a) One waiver program shall include coverage of care in community residential facilities. Enrollment in the waiver shall not exceed 600 persons at any time.
(b) The second waiver program shall include coverage of in-home care. Enrollment in this second waiver shall not exceed 200 persons at any time.
(c) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on each of the two medically needy waivers, on monthly management reports.
(d) If it is necessary to establish a waiting list for either waiver because the budgeted number of enrollment opportunities has been reached, the department shall track how the long-term care needs of applicants assigned to the waiting list are met.
(6) (($1,413,000)) $1,604,000 of the general fund--state appropriation for fiscal year 2006, (($2,887,000)) $3,450,000 of the general fund--state appropriation for fiscal year 2007, and (($4,305,000)) $5,064,000 of the general fund--federal appropriation are provided solely to increase compensation for direct care workers employed by home care agencies by 27 cents per hour on July 1, 2005, and by an additional 23 cents per hour on July 1, 2006. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.
(7) $1,786,000 of the general fund--state appropriation for fiscal year 2006 and $1,804,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for operation of the volunteer chore services program.
(8) The department shall establish waiting lists to the extent necessary to assure that annual expenditures on the community options program entry systems (COPES) program do not exceed appropriated levels. In establishing and managing any such waiting list, the department shall assure priority access to persons with the greatest unmet needs, as determined by department assessment processes.
(9) $93,000 of the general fund--state appropriation for fiscal year 2006, $8,000 of the general fund--state appropriation for fiscal year 2007, and $101,000 of the general fund--federal appropriation are provided solely to expand the number of boarding homes that receive exceptional care rates for persons with Alzheimer's disease and related dementias who might otherwise require nursing home care. The department may expand the number of licensed boarding home facilities that specialize in caring for such conditions by up to 85 beds in fiscal year 2006 and up to 150 beds in fiscal year 2007.
(10) $305,000 of the general fund--state appropriation for fiscal year 2006 and $377,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the senior farmer's market nutrition program.
(((12))) (11) $109,000 of the general fund--state appropriation for fiscal year 2006, $90,000 of the general fund--state appropriation for fiscal year 2007, and $198,000 of the general fund--federal appropriation are provided solely for the implementation of Second Substitute House Bill No. 1220 (long-term care financing). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(((13))) (12) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for area agencies on aging, or entities with which area agencies on aging contract, to provide a kinship navigator for grandparents and other kinship caregivers of children in both western and eastern Washington.
(a) Kinship navigator services shall include but not be limited to assisting kinship caregivers with understanding and navigating the system of services for children in out-of-home care while reducing barriers faced by kinship caregivers when accessing services.
(b) In providing kinship navigator services, area agencies on aging shall give priority to helping kinship caregivers maintain their caregiving role by helping them access existing services and supports, thus keeping children from entering foster care.
(((14))) (13) $435,000 of the general fund--state appropriation for fiscal year 2006((, $435,000 of the general fund--state appropriation for fiscal year 2007,)) and (($870,000)) $435,000 of the general fund--federal appropriation are provided solely for supplemental compensation increases for direct care workers employed by home care agencies in recognition of higher labor market cost pressures experienced by agencies subject to collective bargaining obligations. In order for a specific home care agency to be eligible for such increases, home care agencies shall submit the following to the department:
(((i))) (a) Proof of a legally binding, written commitment to increase the compensation of agency home care workers; and
(((ii))) (b) Proof of the existence of a method of enforcement of the commitment, such as arbitration, that is available to the employees or their representative, and proof that such a method is expeditious, uses a neutral decision maker, and is economical for the employees.
(14) $7,500,000 of the general fund--state appropriation for fiscal year 2007 and $7,500,000 of the general fund--federal appropriation are provided solely for purposes of settling all claims in the class action suit commonly known as Regency Pacific et al. v. Department of Social and Health Services. The expenditure of this amount is contingent on the release of all claims in the case, and total settlement costs shall not exceed the amount provided in this subsection.
(15) $390,000 of the general fund--state appropriation for fiscal year 2006, $779,000 of the general fund--state appropriation for fiscal year 2007, and $1,141,000 of the general fund--federal appropriation are provided solely to implement Engrossed Substitute House Bill No. 2925 (assisted living facility). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(16) $121,000 of the general fund--state appropriation for fiscal year 2007 and $120,000 of the general fund--federal appropriation are provided solely to implement Engrossed Substitute House Bill No. 2475 (individual providers). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(17) $101,000 of the general fund--state appropriation for fiscal year 2007 and $101,000 of the general fund--federal appropriation are provided solely to implement Second Substitute House Bill No. 2914 (residential service provider). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(18) $3,955,000 of the general fund--state appropriation for fiscal year 2007 and $3,941,000 of the general fund--federal appropriation are provided solely to implement Substitute House Bill No. 2333 (agency home care workers). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(19) $183,000 of the general fund--state appropriation for fiscal year 2006 and $184,000 of the general fund--federal appropriation are provided solely for payments to any assisted living facility licensed under chapter 18.20 RCW on January 25, 2002, which serves 20 or more clients participating in the program for all-inclusive care.
(20) $14,036,000 of the general fund--state appropriation for fiscal year 2007 and $14,036,000 of the general fund--federal appropriation are provided solely for the implementation of Substitute House Bill No. 2716 (nursing facility payment). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(21) $500,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for area agencies on aging, or entities with which area agencies on aging contract, to provide support services through the kinship caregiver support program for grandparents and other informal kinship caregivers of children throughout the state.
(22) $732,000 of the general fund--state appropriation for fiscal year 2007 and $715,000 of the general fund--federal appropriation are provided solely to increase boarding home provider payment rates by 1.0 percent, effective July 1, 2006.
(23) $443,000 of the general fund--state appropriation for fiscal year 2007 and $437,000 of the general fund--federal appropriation are provided solely to increase adult family home provider payment rates by 1.0 percent, effective July 1, 2006.
Sec. 207. 2005 c 518 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
General Fund--State Appropriation (FY 2006). (($483,166,000))
$486,529,000
General Fund--State Appropriation (FY 2007). (($501,081,000))
$558,805,000
General Fund--Federal Appropriation. . . . . . (($1,246,447,000))
$1,245,673,000
General Fund--Private/Local Appropriation. . . . (($31,466,000))
$27,535,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,138,000
TOTAL APPROPRIATION(($2,262,160,000))
$2,319,680,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($273,333,000)) $275,749,000 of the general fund--state appropriation for fiscal year 2006, (($273,333,000)) $334,121,000 of the general fund--state appropriation for fiscal year 2007, and (($1,020,292,000)) $905,232,000 of the general fund--federal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department shall:
(a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Outcome data regarding job retention and wage progression shall be reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months; and
(b) Submit a report by October 1, 2005, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2005-2007 biennium will be adjusted to stay within available federal grant levels and the appropriated state-fund levels.
(2) (($75,833,000)) $72,526,000 of the general fund--state appropriation for fiscal year 2006 and (($74,358,000)) $77,880,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts:
(a) The department may expend funds for services that assist recipients to obtain employment and reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided. Mental health, substance abuse, and vocational rehabilitation services may be provided to recipients whose incapacity is not severe enough to qualify for services through a regional support network, the alcoholism and drug addiction treatment and support act, or the division of vocational rehabilitation to the extent that those services are necessary to eliminate or minimize barriers to employment;
(b) The department shall review the general assistance caseload to identify recipients that would benefit from assistance in becoming naturalized citizens, and thus be eligible to receive federal supplemental security income benefits. Those cases shall be given high priority for naturalization funding through the department;
(c) The department shall identify general assistance recipients who are or may be eligible to receive health care coverage or services through the federal veteran's administration and assist recipients in obtaining access to those benefits; and
(d) The department shall report by November of each year to the appropriate committees of the legislature on the progress and outcomes of these efforts.
(3) Within amounts appropriated in this section, the department shall increase the state supplemental payment by $10 per month for SSI clients who reside in nursing facilities, residential habilitation centers, or state hospitals and who receive a personal needs allowance and decrease other state supplemental payments.
(4) $5,000,000 of the general fund--state appropriation for fiscal year 2006 and $10,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a subsidy rate increase for child care providers. Of this amount, $500,000 per year shall be targeted for child care providers in urban areas of region 1 and $500,000 per year shall be targeted for one or more tiered-reimbursement pilot projects.
(5) $51,000 of the general fund--state appropriation for fiscal year 2006, $84,000 of the general fund--state appropriation for fiscal year 2007, and $261,000 of the general fund--federal appropriation are provided solely to implement Second Substitute House Bill No. 2462 (child support schedule). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
Sec. 208. 2005 c 518 s 208 (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 2006). . (($57,235,000))
$55,036,000
General Fund--State Appropriation (FY 2007). . (($66,956,000))
$66,920,000
General Fund--Federal Appropriation. . . . . . . . (($110,175,000))
$136,750,000
General Fund--Private/Local Appropriation. . . . . . .(($633,000))
$634,000
Criminal Justice Treatment Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,500,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $48,842,000
Problem Gambling ((Treatment)) Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,500,000))
$1,350,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,081,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$39,000
TOTAL APPROPRIATION. .(($303,922,000))
$328,152,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($1,500,000)) $1,350,000 of the problem gambling ((treatment)) account appropriation is provided solely for the program established in Engrossed Substitute House Bill No. 1031 (problem gambling). If legislation creating the account is not enacted by June 30, 2005, this amount shall lapse.
(2) $1,339,000 of the general fund--state appropriation for fiscal year 2006 and $1,338,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the parent child assistance program, including an expansion of services to southwestern Washington. The department shall contract with the University of Washington and community-based providers in Spokane, Yakima, and southwestern Washington for the provision of this program. For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount. The amounts provided in this subsection are sufficient to fund section 303 of Senate Bill No. 5763 (mental disorders treatment).
(3) $2,000,000 of the general fund--state appropriation for fiscal year 2006 and $3,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for vendor rate adjustments for residential treatment providers for chemical dependency services.
(4) $465,000 of the general fund--state appropriation for fiscal year 2006, $934,000 of the general fund--state appropriation for fiscal year 2007, $1,319,000 of the general fund--federal appropriation, and $700,000 of the violence reduction and drug enforcement account appropriation are provided solely for vendor rate adjustments for residential treatment providers. To the extent that a portion of this funding is sufficient to maintain sufficient residential treatment capacity, remaining amounts may then be used to provide vendor rate adjustments to other types of providers as prioritized by the department in order to maintain or increase treatment capacity.
(5) $1,916,000 of the general fund--state appropriation for fiscal year 2006 and $4,278,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for integrated pilot programs as required by section 203 of Senate Bill No. 5763 (mental disorders treatment). If section 203 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(6) $244,000 of the general fund--state appropriation for fiscal year 2006 and $244,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for intensive case management pilot programs as required by section 220 of Senate Bill No. 5763 (mental disorders treatment). If section 220 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(7) $159,000 of the general fund--state appropriation for fiscal year 2006, $140,000 of the general fund--state appropriation for fiscal year 2007, and $161,000 of the general fund--federal appropriation are provided solely for development of the integrated chemical dependency/mental health screening and assessment tool required by section 601 of Senate Bill No. 5763 (mental disorders treatment), and associated training and quality assurance. If section 601 of Senate Bill No. 5763 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(8) $5,475,000 of the general fund--state appropriation for fiscal year 2006, $13,124,000 of the general fund--state appropriation for fiscal year 2007, and $10,669,000 of the general fund--federal appropriation are provided solely to increase capacity of chemical dependency treatment services for adult medicaid eligible and general assistance-unemployable clients. The department shall monitor the number and type of clients entering treatment, for purposes of determining potential cost offsets.
(9) $1,967,000 of the general fund--state appropriation for fiscal year 2006, $2,523,000 of the general fund--state appropriation for fiscal year 2007, and $1,496,000 of the general fund--federal appropriation are provided solely to increase capacity of chemical dependency treatment services for minors who are under 200 percent of the federal poverty level. The department shall monitor the number and type of clients entering treatment, for purposes of determining potential cost offsets.
Sec. 209. 2005 c 518 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 2006)(($1,481,212,000))
$1,461,557,000
General Fund--State Appropriation (FY 2007)(($1,596,101,000))
$1,549,435,000
General Fund--Federal Appropriation. . . . . . (($4,036,615,000))
$4,001,262,000
General Fund--Private/Local Appropriation. . . . . . . . $2,000,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . . . . . $15,000,000
Health Services Account--State Appropriation. (($636,942,000))
$677,288,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$123,000
TOTAL APPROPRIATION(($7,767,870,000))
$7,706,665,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Based on quarterly expenditure reports and caseload forecasts, if the department estimates that expenditures for the medical assistance program will exceed the appropriations, the department shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.
(2) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.
(3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
(4) Sufficient amounts are appropriated in this section for the department to continue podiatry services for medicaid-eligible adults.
(5) Sufficient amounts are appropriated in this section for the department to provide an adult dental benefit that is equivalent to the benefit provided in the 2003-05 biennium.
(6) In accordance with RCW 74.46.625, $6,000,000 of the general fund--federal appropriation is provided solely for supplemental payments to nursing homes operated by public hospital districts. The public hospital district shall be responsible for providing the required nonfederal match for the supplemental payment, and the payments shall not exceed the maximum allowable under federal rules. It is the legislature's intent that the payments shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW. It is the legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments.
(7) (($1,660,000)) $2,221,000 of the health services account appropriation, (($4,361,000)) $5,402,000 of the general fund--federal appropriation, (($1,350,000)) $1,590,000 of the general fund--state appropriation for fiscal year 2006, and (($1,351,000)) $1,591,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants to rural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.
(8) (($22,081,000)) $21,092,000 of the health services account appropriation and (($20,714,000)) $19,725,000 of the general fund--federal appropriation are provided solely for grants to nonrural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.
(9) In response to the federal directive to eliminate intergovernmental transfer transactions effective June 30, 2005, the department is directed to implement the inpatient hospital certified public expenditures program for the 2005-07 biennium. The program shall apply to all public hospitals, including those owned or operated by the state, except those classified as critical access hospitals or state psychiatric institutions. Hospitals in the program shall be paid and shall retain (a) one hundred percent of the federal portion of each medicaid inpatient fee-for-service claim payable by the medical assistance administration; and (b) one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations. Medicaid fee-for-service claim amounts shall be established by applying the department's ratio of costs to charges payment methodology. The department shall provide participating hospitals with the information and instructions needed by the hospital to certify the public expenditures required to qualify for the federal portions of both the medicaid inpatient fee-for-service payments and the disproportionate share hospital payments. In the event that any part of the program including, but not limited to, allowable certified public expenditures, is disallowed by the federal government, the department shall not seek recoupment of payments from the hospitals, provided the hospitals have complied with the directions of the department for participation in the program. The legislature intends that hospitals in the program receive no less in combined state and federal payments than they would have received under the methodology that was in place during fiscal year 2005. The department shall therefore make additional grant payments, not to exceed the amounts ((provided)) specified in this subsection, to hospitals whose total payments under the program would otherwise be less than the total state and federal payments they would have received under the methodology in effect during fiscal year 2005. (($37,034,000 of the general fund--state appropriation for fiscal year 2006, $37,552,000 of the general fund--state appropriation for fiscal year 2007, $8,300,000 of the emergency medical services and trauma care systems trust account--state appropriation, and $45,450,000 of the general fund--federal appropriation are provided solely for new state grant and upper payment limit programs for the participating hospitals.)) Payments under these new state grant and upper payment limit programs shall not exceed $53,159,000 from general fund--state appropriations in fiscal year 2006, of which $5,600,000 is appropriated in section 204(1) of this 2006 act and the balance in this section; $46,548,000 from general fund--state appropriations in fiscal year 2007, of which $5,600,000 is appropriated in section 204(1) of this 2006 act and the balance in this section; and $11,328,000 from the general fund--federal appropriations in this section.
(10) (($4,372,000)) $4,077,000 of the general fund--state appropriation for fiscal year 2006, (($4,014,000)) $4,847,000 of the general fund--state appropriation for fiscal year 2007, and (($65,112,000)) $70,100,000 of the general fund--federal appropriation are provided solely for development and implementation of a replacement system for the existing medicaid management information system.
(11) (($150,000)) $188,000 of the general fund--state appropriation for fiscal year 2006, (($75,000)) $37,000 of the general fund--state appropriation for fiscal year 2007, and $225,000 of the general fund--federal appropriation are provided solely for the department to contract for an independent analysis of the medical assistance administration's current system for establishing hospital inpatient payment rates, and for recommendations on a new or updated system. The department shall submit an interim report of study findings by December 1, 2005, and a final report by November 15, 2006. The interim report shall include a comparison of the strengths and weaknesses of the current rate-setting system relative to those used by other state, federal, and private payers. The final report shall include recommendations on the design and implementation of a new or updated system that will promote equity among hospitals, access to quality care and improved health outcomes for patients, and cost-control and efficiency for taxpayers. The study should make use of complete and current cost data from a wide variety of hospitals, recognize unique aspects of hospital service delivery structures and medicaid payment systems in Washington, recognize impacts on productivity and quality of care that may result from hospital compensation, recruitment, and retention policies, and provide opportunities for comment and participation by key interest groups in the identification and assessment of alternatives.
(12) Payment rates for hospital inpatient and outpatient services shall be increased by an average of 1.3 percent effective July 1, 2005, and by an average of an additional 1.3 percent effective July 1, 2006. The inpatient increases shall be provided only on the portion of a hospital's rate that excludes medical education and outlier costs, and shall be allocated so that hospitals with lower costs of care (excluding medical education and outlier costs) receive larger percentage increases than those with higher costs of care. The inpatient increases shall be allocated in three percentage increments, with the lowest-cost hospitals receiving the largest percentage rate increase, highest-cost hospitals receiving the smallest percentage increase, and medium-cost hospitals receiving the average of the highest and the lowest percentage rate increase. Increases shall not be provided to those hospitals that are certified as critical access. Sufficient funds are appropriated in this section for Healthy Options contractors to increase hospital payment rates commensurate with the increases in fee-for-service payment rates.
(13) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the department shall provide the person with the same benefits as he or she would receive if eligible for medicaid, using state-only funds to the extent necessary.
(14) The medical assistance administration is authorized to use funds appropriated in this section to purchase goods and supplies through direct contracting with vendors when the administration determines it is cost-effective to do so.
(15) The legislature affirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
(16) By October 1, 2005, the department shall recommend to the governor and legislature at least two pilot project designs which seem likely to reduce avoidable emergency room utilization at no net cost to the state within the projects' first eighteen months of operation.
(17) Within funds appropriated in this section, the department shall participate in the health technology assessment program required in section 213(6) of this act.
(18) The department is also required to participate in the joint health purchasing project described in section 213(7) of this act.
(19) The department shall, within available resources, continue operation of the medical care services care management pilot project for clients receiving general assistance benefits in King and Pierce counties. The project may use a full or partial capitation model that includes a mechanism for shared savings. The department shall provide a report to the appropriate committees of the legislature by January 1, 2006, on costs, savings, and any outcomes or quality measures associated with the pilot programs during the first year of operation.
(20) By October 1, 2005, the department shall report to the appropriate committees of the legislature on the potential fiscal and programmatic costs and benefits associated with an expansion of managed care pilot programs to SSI and other eligible medicaid elderly and disabled persons.
(((22))) (21) By November 15, 2006, the department of social and health services, in consultation with the department of revenue and the health care authority, shall report to the health care and fiscal committees of the legislature on options for providing financial incentives for private practice physicians to serve uninsured, medicare, and medicaid patients. The report shall include an assessment of the relative costs and effectiveness of strategies including, but not limited to, tax credits and payment rate increases. The report shall further suggest alternative mechanisms and thresholds for varying tax credits and payment enhancements according to the extent to which a provider serves uninsured, medicare, and medicaid patients.
(22) The department is directed to pursue all available administrative remedies to dispute and reverse recent large retroactive charges by the federal medicare program for payment of medicare part B premiums on behalf of medicaid recipients, to the extent that such premiums are for periods when medicare coverage was in fact never provided the beneficiaries, and their care was instead fully covered by the state medicaid program. The department shall report to the fiscal committees of the legislature by December 1, 2006, on the actions it has taken to dispute and reverse these charges.
(23) $132,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Second Substitute House Bill No. 2002 (foster care support services). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(24) $255,000 of the general fund--state appropriation for fiscal year 2007 and $2,107,000 of the general fund--federal appropriation are provided solely to increase the availability of family planning services at the department of social and health services' community service offices. Resources will be prioritized for those offices where pregnancy rates are higher than the statewide average.
(25) $23,000 of the general fund--state appropriation for fiscal year 2006, $137,000 of the general fund--state appropriation for fiscal year 2007, and $79,000 of the general fund--federal appropriation are provided solely for conducting a study of the employment status of enrollees in the basic health plan and the medical assistance program, pursuant to Engrossed Substitute House Bill No. 3079 (health care services). If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
(26) No funds appropriated in this section shall be expended upon gender reassignment surgery or treatment.
Sec. 210. 2005 c 518 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 2006). . (($11,202,000))
$10,694,000
General Fund--State Appropriation (FY 2007). . (($11,350,000))
$11,014,000
General Fund--Federal Appropriation. . . . . . . . . (($86,908,000))
$89,472,000
((General Fund--Private/Local Appropriation. . . . . . .$440,000))
Telecommunications Devices for the Hearing and
Speech Impaired--State Appropriation. . . . . . (($1,791,000))
$1,792,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,000
TOTAL APPROPRIATION. .(($111,691,000))
$113,003,000
The appropriations in this section are subject to the following conditions and limitations: The division of vocational rehabilitation shall maintain support for existing clubhouse programs at the 2003-2005 level.
Sec. 211. 2005 c 518 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation (FY 2006). . (($32,933,000))
$34,612,000
General Fund--State Appropriation (FY 2007). . (($29,910,000))
$35,122,000
General Fund--Federal Appropriation. . . . . . . . . (($51,489,000))
$62,385,000
General Fund--Private/Local Appropriation. . . . . . . . . .$810,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,452,000
Violence Reduction and Drug Enforcement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,791,000))
$2,793,000
((Domestic Violence Prevention Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$1,345,000))
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000
TOTAL APPROPRIATION. .(($120,730,000))
$138,474,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $500,000 of the general fund--state appropriation for fiscal year 2006 and $500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for funding of the teamchild project through the governor's juvenile justice advisory committee.
(2) $2,452,000 of the public safety and education account--state appropriation and (($1,791,000)) $2,791,000 of the violence reduction and drug enforcement account--state appropriation are provided solely for the family policy council.
(3) $3,195,000 of the general fund--state appropriation for fiscal year 2006, $639,000 of the general fund--state appropriation for fiscal year 2007, and $3,834,000 of the general--fund federal appropriation are provided solely to implement the 2005-07 home care worker collective bargaining agreement.
(4) (($1,345,000 of the domestic violence prevention account is provided solely for the implementation of Engrossed Substitute House Bill No. 1314 (domestic violence prevention). If legislation creating the account is not enacted by June 30, 2005, this amount shall lapse.)) $12,000 of the general fund--state appropriation for fiscal year 2007 and $9,000 of the general fund--federal appropriation for fiscal year 2007 are provided solely to implement Second Substitute House Bill No. 2914 (residential service provider). If the bill is not enacted by June 30, 2006 the amounts provided in this subsection shall lapse.
Sec. 212. 2005 c 518 s 212 (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 2006). . (($46,381,000))
$49,255,000
General Fund--State Appropriation (FY 2007). . (($46,380,000))
$49,777,000
General Fund--Federal Appropriation. . . . . . . . . (($45,103,000))
$46,248,000
TOTAL APPROPRIATION. .(($137,864,000))
$145,280,000
Sec. 213. 2005 c 518 s 213 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY
General Fund--State Appropriation (FY 2006). . . . . . . $278,000
General Fund--State Appropriation (FY 2007). . . . . . . $275,000
General Fund--Federal Appropriation. . . . . . . . . . (($3,140,000))
$3,717,000
State Health Care Authority Administrative Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . (($29,394,000))
$33,779,000
Medical Aid Account--State Appropriation. . . . . . . (($171,000))
$345,000
Health Services Account--State Appropriation. (($456,207,000))
$466,771,000
TOTAL APPROPRIATION. .(($488,912,000))
$505,165,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Within amounts appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy for foster parents licensed under chapter 74.15 RCW and workers in state-funded home care programs. Under this enhanced subsidy option, foster parents and home care workers with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at the minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.
(2) The health care authority shall require organizations and individuals which are paid to deliver basic health plan services and which choose to sponsor enrollment in the subsidized basic health plan to pay 133 percent of the premium amount which would otherwise be due from the sponsored enrollees.
(3) The administrator shall take at least the following actions to assure that persons participating in the basic health plan are eligible for the level of assistance they receive: (a) Require submission of (i) income tax returns, and recent pay history, from all applicants, or (ii) other verifiable evidence of earned and unearned income from those persons not required to file income tax returns; (b) check employment security payroll records at least once every twelve months on all enrollees; (c) require enrollees whose income as indicated by payroll records exceeds that upon which their subsidy is based to document their current income as a condition of continued eligibility; (d) require enrollees for whom employment security payroll records cannot be obtained to document their current income at least once every six months; (e) not reduce gross family income for self-employed persons by noncash-flow expenses such as, but not limited to, depreciation, amortization, and home office deductions, as defined by the United States internal revenue service; and (f) pursue repayment and civil penalties from persons who have received excessive subsidies, as provided in RCW 70.47.060(9).
(4) $19,108,000 of the health services account--state appropriation is provided solely for funding for health care services provided through local community clinics.
(5) $391,000 of the health services account appropriation is provided solely for implementation of Substitute Senate Bill No. 5471, chapter 129, Laws of 2005 (drug purchasing consortium).
(6) The health care authority shall conduct a health technology assessment pilot project to evaluate scientific evidence regarding current and evolving health care procedures, services and technology. The pilot shall be a joint effort of the departments of social and health services, labor and industries, corrections, and veteran's affairs and the health care authority. Upon completion of assessment of a procedure, service or technology, the agencies shall make every effort, consistent with federal and state law, to jointly decide: (a) On coverage of the procedure, service or technology by each agency, and (b) if covered, the guidelines or criteria that will be applied to medical necessity decisions.
(7) The departments of social and health services, labor and industries and the health care authority, in collaboration with affected health care providers, facilities, and contracted health plans, shall design and implement a joint health purchasing project that links payment to health care provider or facility performance, particularly where such performance is expected to improve patient outcomes or where there are wide variations in clinical practice used to treat a condition or illness. The purchasing effort shall utilize evidence-based performance measures that are designed to improve quality of care and yield measurable and significant savings. The project shall include payment mechanisms that create incentives to improve quality of care. On or before December 1, 2006, the agencies shall report to relevant policy and fiscal committees of the legislature on the status of the purchasing project, including actual and anticipated savings.
(8) $395,000 of the health services account appropriation is provided solely for implementation of Substitute House Bill No. 1689 (dental residency program). If Substitute House Bill No. 1689 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(9) $250,000 of the health services account appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1688 (certificate of need program). If Engrossed Second Substitute House Bill No. 1688 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(10) $316,000 of the health services account--state appropriation and $15,000 of the general fund--federal appropriation are provided solely for a study of electronic medical records systems pursuant to Substitute Senate Bill No. 5064 (electronic medical records). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(11) $458,000 of the health services account appropriation, $401,000 of the general fund--federal appropriation, $205,000 of the state health care authority administrative account--state appropriation, and $174,000 of the medical aid account--state appropriation are provided solely for conducting assessments of health technologies at health technology assessment centers as defined in Engrossed Second Substitute House Bill No. 2575 (health technology assessment), for supporting the activities of the health technology clinical committee, or other activities required to implement Engrossed Second Substitute House Bill No. 2575. This funding shall not be used to establish a new health technology assessment center. Participating agencies will be the medical assistance administration in the department of social and health services, the department of labor and industries, the health care authority's uniform medical plan, the department of corrections, and the department of veterans affairs. If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $500,000 of the state health care authority administrative account--state appropriation is provided solely for the health care authority to develop pilot grants to provide reimbursement, administrative, or quality incentives to providers who adopt health information technologies.
(13) $1,676,000 of the health services account appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2572 (small business health insurance assistance program). $1,000,000 of the health services account appropriation provided for Engrossed Second Substitute House Bill No. 2572 shall be used for subsidies to eligible employees' premiums, and the remainder shall be for the administrative costs of the program. If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(14) $450,000 of the state health care authority administrative account--state appropriation is provided solely for an on-line employee health assessment tool.
(15) $278,000 of the general fund--state appropriation for fiscal year 2006, $275,000 of the general fund--state appropriation for fiscal year 2007, and $72,000 of the general fund--federal appropriation are provided solely for conducting a study of the employment status of enrollees in the basic health plan and the medical assistance program, pursuant to Engrossed Substitute House Bill No. 3079. If the bill is not enacted by June 30, 2006, the amounts provided in this subsection shall lapse.
Sec. 214. 2005 c 518 s 214 (uncodified) is amended to read as follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund--State Appropriation (FY 2006). . . (($2,596,000))
$2,779,000
General Fund--State Appropriation (FY 2007). . . (($2,634,000))
$3,051,000
General Fund--Federal Appropriation. . . . . . . . . . (($1,741,000))
$1,321,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,000
TOTAL APPROPRIATION. . . .(($6,971,000))
$7,164,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The commission shall submit a report by December 1st of each year to the office of financial management and the legislative fiscal committees detailing any changes in existing federal revenues for the remainder of the current fiscal year and changes in projections of federal revenue for the upcoming fiscal year.
(2) $19,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of House Bill No. 2564 (veterans/discrimination). If House Bill No. 2564 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(3) $34,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for a human rights commission investigator to travel to Vancouver once a week to provide complaint intake, outreach, and conduct investigations.
Sec. 215. 2005 c 518 s 215 (uncodified) is amended to read as follows:
FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,000
Accident Account--State Appropriation. . . . . . . .(($16,399,000))
$16,452,000
Medical Aid Account--State Appropriation. . . . .(($16,398,000))
$16,451,000
TOTAL APPROPRIATION. . .(($32,817,000))
$32,923,000
Sec. 216. 2005 c 518 s 216 (uncodified) is amended to read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($19,003,000))
$19,736,000
Death Investigations Account--State Appropriation. . . $148,000
Municipal Criminal Justice Assistance Account--
((Private/Local)) State Appropriation. . . . . . . . . . . $460,000
TOTAL APPROPRIATION. . .(($19,611,000))
$20,344,000
The appropriations in this section are subject to the following conditions and limitations:
(1) During the 2005-2007 biennium, the criminal justice training commission is authorized to raise existing fees charged for firearms certification for security guards in excess of the fiscal growth factor established pursuant to RCW 43.135.055, if necessary, to meet the actual costs of conducting the certification programs and the appropriation levels in this section.
(2) $100,000 of the public safety and education account--state appropriation is provided solely for support of the coalition of small police agencies major crimes task force. The purpose of this task force is to pool its resources and to establish an efficient and cooperative approach in addressing major violent crimes.
(3) Amounts provided within this section are sufficient to implement the provisions of section 2 of House Bill No. 1136 (electronic monitoring system).
(4) $163,000 of the public safety and education account--state appropriation is provided solely for the implementation of section 4 of Second Substitute House Bill No. 2805 (missing persons). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 217. 2005 c 518 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund--State Appropriation (FY 2006). . . (($7,554,000))
$7,561,000
General Fund--State Appropriation (FY 2007). . . (($7,648,000))
$7,671,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($27,277,000))
$30,236,000
Public Safety and Education Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000,000
Asbestos Account--State Appropriation. . . . . . . . . . (($808,000))
$810,000
Electrical License Account--State Appropriation(($34,743,000))
$35,934,000
Farm Labor Revolving Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$28,000
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,836,000))
$1,827,000
Public Works Administration Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,664,000))
$2,673,000
Accident Account--State Appropriation. . . . . . (($206,490,000))
$209,458,000
Accident Account--Federal Appropriation. . . . . . . . $13,621,000
Medical Aid Account--State Appropriation. . . .(($205,011,000))
$209,628,000
Medical Aid Account--Federal Appropriation. . . . . . $3,185,000
Plumbing Certificate Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($1,657,000))
$1,675,000
Pressure Systems Safety Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,324,000))
$3,357,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,000
TOTAL APPROPRIATION. .(($525,846,000))
$537,695,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $700,000 of the accident account--state appropriation and $699,000 of the medical aid account--state appropriation are provided solely for the construction of a computer system to collect data from self-insured employers and are contingent on the passage of Substitute House Bill No. 1310 (workers compensation reporting) on mandatory electronic data reporting by self-insured employers. If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(2) (($27,227,000)) $30,000,000 of the public safety and education account--state appropriation, and $10,000,000 of the public safety and education account--federal appropriation are provided solely for the crime victims' compensation program, subject to the following conditions:
(a) Reimbursement shall be provided throughout the 2005-2007 biennium for full reimbursement of sexual assault forensic exams at workers' compensation rates; ((and))
(b) Reimbursement shall be provided throughout fiscal year 2007 for full reimbursement of mental health care at workers' compensation rates; and
(c) In accordance with RCW 7.68.015, it is the policy of the state that the department of labor and industries operate the crime victims' compensation program within the amounts provided for this program in this subsection.
(3) $200,000 of the accident account--state appropriation is provided solely to reimburse the department of agriculture for the agricultural worker pesticide handling and application training program.
(4) $71,000 of the medical aid account--state appropriation and $71,000 of the accident account--state appropriation are provided solely for the review of payment of medical bills and authorization for medical procedures by self-insurers.
(5) The department is required to participate in the health technology assessment program required in section 213(6) of this act.
(6) The department is also required to participate in the joint health purchasing project described in section 213(7) of this act.
(7) $35,000 of the general fund--state appropriation for fiscal year 2006 and $8,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1393 (older mobile homes). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(8) $182,000 of the accident account--state appropriation and $623,000 of the medical aid account--state appropriation are provided solely to ((expand the Spokane center of occupational health and education to include Yakima county. The Spokane center of occupational health will recruit and train approximately one hundred sixty physicians in Yakima county on best practices for occupational medicine and work with labor and business to improve quality and outcomes of medical care provided to injured workers)) (a) expand services in the centers of occupational health and education (COHE) in Spokane and Renton; (b) add two additional COHE locations in the state; and (c) include Yakima county in the Spokane COHE.
(9) $158,000 of the accident account--state appropriation and $158,000 of the medical aid account--state appropriation are provided solely to implement Substitute House Bill No. 1856 (annual audits of the state industrial insurance fund). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(10) The department shall delay the costs associated with implementation of phase II of its indirect cost allocation plan for the public works administration account until July 1, 2007.
(11) $236,000 of the public safety and education account--state is provided solely for fiscal year 2007 to implement House Bill No. 2612 (failure to secure a load). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $83,000 of the electrical license account--state is provided solely for fiscal year 2007 to implement Substitute House Bill No. 1841 (electrical trainees). If the bill is not enacted by June 30, 2006 the amount provided in this subsection shall lapse.
(13) $345,000 of the accident account--state appropriation and $61,000 of the medical aid account--state appropriation are provided solely for costs pursuant to Engrossed House Bill No. 2623 (agricultural workers). If the bill is not enacted by June 30, 2006, the amounts provided for this purpose shall lapse.
(14) The department shall prepare a report identifying programs funded either directly or indirectly from state workers' compensation funds. The report shall describe the amounts and percentages of funds used to administer identified programs, as well as the criteria used to make funding decisions. In consultation with the workers' compensation advisory committee, the department shall also develop recommendations for equitable, adequate, and stable funding sources for identified programs. The department shall submit the report and the recommendations to the house of representatives committees on appropriations and commerce and labor, or their successor committees, and the senate committees on ways and means and labor, commerce, research and development, or their successor committees, by December 1, 2006.
Sec. 218. 2005 c 518 s 218 (uncodified) is amended to read as follows:
FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund--State Appropriation (FY 2006). . . . . .$1,092,000
General Fund--State Appropriation (FY 2007). . . (($1,096,000))
$1,350,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000
TOTAL APPROPRIATION. . . .(($2,188,000))
$2,446,000
The appropriations in this section are subject to the following conditions and limitations: $153,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Engrossed House Bill No. 3261 (sentence review). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 219. 2005 c 518 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund--State Appropriation (FY 2006). . . (($1,918,000))
$1,917,000
General Fund--State Appropriation (FY 2007). . . (($1,880,000))
$1,882,000
Charitable, Educational, Penal, and Reformatory
Institutions Account--State Appropriation. . . . . . . . .$10,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,000
TOTAL APPROPRIATION. . . .(($3,808,000))
$3,819,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department shall participate in the health technology assessment program required in section 213(6) of this act.
(b) The department shall participate in the joint health purchasing project described in section 213(7) of this act.
(c) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided for the department to conduct a feasibility study of a veterans' cemetery in eastern Washington. The study shall include location, acquisition costs, projection of continued operations costs, and revenue sources for acquisition and operations. A final report of the findings shall be submitted no later than December 15, 2005.
(d) $70,000 of the general fund--state appropriation for fiscal year 2006 and $70,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Senate Bill No. 5539 (veterans conservation corps). If Senate Bill No. 5539 is not enacted by June 30, 2005, these amounts shall lapse.
(2) FIELD SERVICES
General Fund--State Appropriation (FY 2006). . . . . .$2,811,000
General Fund--State Appropriation (FY 2007). . . (($2,809,000))
$3,317,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . $343,000
General Fund--Private/Local Appropriation. . . . . (($2,016,000))
$2,018,000
Veterans' Innovations Program Account--State
Appropriation
. . . . . . $3,000,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,000
TOTAL APPROPRIATION. . . .(($7,979,000))
$11,500,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the development of a public service announcement outreach campaign directed at returning veterans from Operation Iraqi Freedom and Operation Enduring Freedom.
(b) $75,000 of the general fund--state appropriation for fiscal year 2006 and $95,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the post traumatic stress counseling program expansion to address the needs of veterans returning from Iraq and Afghanistan.
(c) $3,000,000 of the veterans' innovations program account--state appropriation for fiscal year 2007 is provided solely to implement Second Substitute House Bill No. 2754 (veterans' innovations program). Of the amount provided in this subsection, $50,000 is provided solely for a feasibility study on the use of medical vouchers for veterans that enable them to go to hospitals other than veterans administration hospitals. If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(d) Amounts appropriated in this section may not be used for any purposes relating to public service announcements by statewide elected officials.
(3) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2006). . . (($8,259,000))
$5,283,000
General Fund--State Appropriation (FY 2007). . . (($8,238,000))
$5,888,000
General Fund--Federal Appropriation. . . . . . . . . (($31,436,000))
$36,144,000
General Fund--Private/Local Appropriation. . . . (($26,338,000))
$28,858,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$187,000
TOTAL APPROPRIATION. . .(($74,271,000))
$76,360,000
Sec. 220. 2005 c 518 s 220 (uncodified) is amended to read as follows:
FOR THE HOME CARE QUALITY AUTHORITY
General Fund--State Appropriation (FY 2006). . . . .(($919,000))
$724,000
General Fund--State Appropriation (FY 2007). . . (($1,093,000))
$1,401,000
General Fund--Federal Appropriation. . . . . . . . . . (($1,034,000))
$1,167,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,000
TOTAL APPROPRIATION. . . .(($3,046,000))
$3,294,000
The appropriations in this section are subject to the following conditions and limitations: The legislature encourages the home care quality authority to move forward with implementation of a statewide referral registry system by use of any existing and future agency administrative moneys and by seeking other means of funding, including grants and additional funding resources.
Sec. 221. 2005 c 518 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF HEALTH
General Fund--State Appropriation (FY 2006). . (($64,090,000))
$62,828,000
General Fund--State Appropriation (FY 2007). . (($64,485,000))
$69,717,000
General Fund--Federal Appropriation. . . . . . . . (($455,467,000))
$477,467,000
General Fund--Private/Local Appropriation. . . (($101,479,000))
$104,937,000
Hospital Commission Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,615,000))
$2,621,000
Health Professions Account--State Appropriation(($51,659,000))
$54,831,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$600,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . .(($12,578,000))
$12,579,000
Safe Drinking Water Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,907,000))
$2,917,000
Drinking Water Assistance Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($16,158,000))
$16,179,000
Waterworks Operator Certification--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,098,000))
$1,099,000
Drinking Water Assistance Administrative Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $326,000
Water Quality Account--State Appropriation. . . . (($3,680,000))
$3,693,000
State Toxics Control Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,843,000))
$2,852,000
Medical Test Site Licensure Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,790,000))
$1,798,000
Youth Tobacco Prevention Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,806,000
Public Health Supplemental Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,306,000
Accident Account--State Appropriation. . . . . . . . . . (($275,000))
$277,000
Medical Aid Account--State Appropriation. . . . . . . . . . .$46,000
Health Services Account--State Appropriation. . (($38,101,000))
$41,942,000
Tobacco Prevention and Control Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($52,677,000))
$52,684,000
Patient Safety Account--State Appropriation. . . . . . (($641,000))
$20,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$144,000
TOTAL APPROPRIATION. .(($878,625,000))
$914,669,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department or any successor agency is authorized to raise existing fees charged for the clandestine drug lab program, the drinking water program, radioactive materials license fees, X-ray facility registration fees, shellfish commercial paralytic shellfish poisoning fees, the water recreation program, the wastewater management program, newborn specialty clinic fees, acute care hospitals, psychiatric hospitals, child birth centers, correctional medical facilities, alcoholism hospitals, and the midwifery program, in excess of the fiscal growth factor pursuant to RCW 43.135.055, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section. However, the department may not raise existing fees charged for the midwifery program by more than twenty percent over the biennium and from July 1, 2006, through June 30, 2007, the annual fees for new or renewed licenses shall be no greater than $450.
(2) $1,363,000 of the general fund--state fiscal year 2006 appropriation, $1,363,000 of the general fund--state fiscal year 2007 appropriation, and $676,000 of the general fund--local appropriation are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
(3) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(4) $383,000 of the general fund--state appropriation for fiscal year 2006, $317,000 of the general fund--state appropriation for fiscal year 2007, and $600,000 of the aquatic lands enhancement account appropriation are provided solely to assist counties in marine areas complete on-site sewage system management plans and electronic data bases to inventory on-site sewage systems.
(5) $60,000 of the health professions account appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5470 (prescription importation). If Engrossed Substitute Senate Bill No. 5470 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(6) $268,000 of the health professions account appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 2266 (precursor drugs). If Engrossed Substitute House Bill No. 2266 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(7) $42,000 of the health professions account appropriation is provided solely for implementation of Second Substitute House Bill No. 1168 (prescription reimportation). If Second Substitute House Bill No. 1168 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(8) (($82,000 of the general fund--state appropriation for fiscal year 2006, $52,000 of the general fund--state appropriation for fiscal year 2007, and $641,000)) $20,000 of the patient safety account appropriation ((are)) is provided solely for implementation of Second Engrossed Second Substitute House Bill No. 1291 (patient safety practices). If Engrossed Second Substitute House Bill No. 1291 is not enacted by June 30, ((2005)) 2006, the amounts provided in this subsection shall lapse.
(9) $100,000 of the general fund--state appropriation for fiscal year 2006 and (($200,000)) $620,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the department to implement a multi-year pilot project covering Adams, Chelan, Douglas, Grant, Okanogan, Skagit, and Franklin counties for persons with household income at or below 200 percent of the federal poverty level who are ineligible for family planning services through the medicaid program. Individuals who will be served under the pilot program include women who have never been pregnant, are not currently pregnant, or are beyond the family planning extension period allowed for first steps program eligibility. It is anticipated that the pilot program will serve ((approximately)) over 500 women. The department will provide a preliminary report to the appropriate committees of the legislature by January 1, 2006, and a final report by January 1, 2007.
(10) $462,000 of the general fund--private/local appropriation is provided solely to support specialty clinics that provide treatment services to children that are identified with one of the five heritable or metabolic disorders added to the newborn screening panel by the state board of health in 2003.
(11) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the farmers' market nutrition program of the special supplemental nutrition program for women, infants and children. It is anticipated that these funds will enable the department to expand 2004 participation levels by 8,000 persons annually.
(12) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the infertility prevention project to implement effective prevention strategies designed to reduce the prevalence of chlamydia and gonorrhea and their potentially debilitating complications.
(13) With funds appropriated in this section, the medical advisory committee to the early detection breast and cervical cancer screening program shall study and recommend strategies for adopting emerging technologies and best practices from the national, state, and local levels in the field of early prevention and detection for breast and cervical cancer, and assist the early detection breast and cervical cancer screening program in implementing policy that follows the best practices of high quality health care for clinical, diagnostic, preventative, pathologic, radiological, and oncology services. The committee will report its recommendations to the legislature by December 15, 2006.
(14) $25,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to develop and implement best practices in preventative health care for children. The department and the kids get care program of public health - Seattle and King county will work in collaboration with local health care agencies to disseminate strategic interventions that are focused on evidence-based best practices for improving health outcomes in children and saving health-care costs.
(15) $48,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1075 (nursing quality commission). If Substitute House Bill No. 1075 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(16) $74,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1137 (physical therapy). If Substitute House Bill No. 1137 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(17) $109,000 of the health professions account appropriation is provided solely for implementation of House Bill No. 1546 (naturopathic physicians). If House Bill No. 1546 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(18) $80,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 1689 (dental health services). If Substitute House Bill No. 1689 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(19) $42,000 of the general fund--state appropriation for fiscal year 2006 and $24,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1605 (soil contamination). If Engrossed Second Substitute House Bill No. 1605 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(20) $40,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for implementation of Substitute House Bill No. 1951 (vision exams for children). If Substitute House Bill No. 1951 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(21) $43,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for implementation of Engrossed Senate Bill No. 5049 (mold in residential units). If Engrossed Senate Bill No. 5049 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(22) $26,000 of the general fund--state appropriation for fiscal year 2006 and $12,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of Senate Bill No. 5311 (autism task force). If Senate Bill No. 5311 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(23) $168,000 of the health services account appropriation is provided solely for a two-year pilot project under which parents have the option to choose vaccines which do not contain mercury.
(24) $750,000 of the health services account--state appropriation is provided solely to add one or more combination vaccines to the universal access to childhood immunizations program. The vaccine or vaccines to be added shall be selected by the department after a clinical and cost-effectiveness review by the state vaccine advisory committee. The review shall consider at least the following criteria: (a) The likelihood that use of the combination vaccine will increase childhood immunization rates; (b) the vaccine's relative effectiveness, and the prevalence and seriousness of the conditions it prevents; (c) the relative cost of the vaccine, after accounting for the extent to which it would replace some single injection antigens; and (d) the degree to which the vaccine fits the schedule of routinely recommended childhood immunizations. The projected 2007-09 state cost of the combination vaccine or vaccines added pursuant to this review shall not exceed $3,000,000.
(25) $151,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for a grant to the Kitsap county health district. The funding shall be used to increase the number of women who receive professional support after delivery through a home visit or telephone call by the county health district. In order to receive the funds, Kitsap county health district must provide an equal amount of matching funds.
(26) $170,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Engrossed Second Substitute House Bill No. 1488 (brominated flame retardants). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(27) $13,000 of the general fund--state appropriation for fiscal year 2007 and $208,000 of the health professions account appropriation are provided solely for implementation of Substitute House Bill No. 2431 (background checks/health care). If Substitute House Bill No. 2431 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(28) $11,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Second Substitute House Bill No. 2574 (hospital charity care). If Substitute House Bill No. 2574 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(29) $324,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of House Bill No. 2342 (health care declarations). If House Bill No. 2342 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(30) $425,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1015 (hospital-acquired infections). If Engrossed Second Substitute House Bill No. 1015 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(31) $268,000 of the general fund--state appropriation for fiscal year 2007 and $1,220,000 of the health professions account appropriation are provided solely for implementation of Second Substitute House Bill No. 2292 (health care liability reform). If Second Substitute House Bill No. 2292 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(32) $96,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 2974 (health professions discipline). If Substitute House Bill No. 2974 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(33) $17,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Substitute House Bill No. 2335 (body piercing). If Substitute House Bill No. 2335 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(34) $3,000 of the health professions account appropriation is provided solely for implementation of Substitute House Bill No. 2341 (optometry licensing). If Substitute House Bill No. 2341 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(35) $25,000 of the general fund--private/local appropriation is provided solely for implementation of Substitute House Bill No. 2669 (specialty hospitals). If Substitute House Bill No. 2669 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(36) $27,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Substitute House Bill No. 2884 (reclaimed water). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(37) The department of health shall evaluate alternative models for funding the regulation of the health professions, including charging an equivalent fee for all licensed, certified, and registered health professions and retaining the interest on the health professions account to defray regulatory costs. The department will provide a report to the appropriate committees of the legislature on the potential fiscal and programmatic benefits and challenges of such alternative models by December 1, 2006.
(38) $2,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for pandemic flu and communicable disease outbreak preparedness and response planning. Of the amount provided: (a) $120,000 is for activities by the department of health; (b) $380,000 is for the department to distribute to local health jurisdictions for development of pandemic flu and communicable disease outbreak preparedness and response plans to be approved by the department; and (c) $1,500,000 is for the department to distribute to local health jurisdictions for implementation of spending plans approved by the department. To the extent that federal funds are available for planning purposes, those funds shall be used first and all state funds shall be reserved for implementation purposes.
Sec. 222. 2005 c 518 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
The appropriations to the department of corrections in this act shall be expended for the programs and in the amounts specified herein. However, after May 1, 2006, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2006 between programs. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing seven days prior to approving any deviations from appropriation levels. The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund--State Appropriation (FY 2006). . (($52,282,000))
$47,281,000
General Fund--State Appropriation (FY 2007). . (($41,838,000))
$59,589,000
General Fund--Federal Appropriation. . . . . . . . . . . . .$1,022,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . $26,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,768,000))
$2,774,000
((Industrial Insurance Account--State Appropriation. . . $1,000))
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$245,000
TOTAL APPROPRIATION. . .(($97,937,000))
$110,937,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) (($11,250,000)) $5,250,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $17,250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for phase three of the department's offender-based tracking system replacement project. This amount is conditioned on the department satisfying the requirements of section 902 of this act.
(b) $26,000 of the general fund--state appropriation for fiscal year 2006 and $44,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1402 (offender travel or transfer). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(2) CORRECTIONAL OPERATIONS
General Fund--State Appropriation (FY 2006). (($516,992,000))
$522,749,000
General Fund--State Appropriation (FY 2007). (($545,816,000))
$553,597,000
General Fund--Federal Appropriation. . . . . . . . . . (($4,424,000))
$3,447,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$2,984,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,269,000
TOTAL APPROPRIATION(($1,070,216,000))
$1,085,046,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase work release beds in facilities throughout the state for $8,561,000.
(b) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
(c) 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.
(d) The department shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(e) During the 2005-07 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account.
(f) The department shall participation in the health technology assessment program required in section 213(6) of this act. The department shall also participate in the joint health purchasing project described in section 213(7) of this act.
(g) The Harborview medical center shall provide inpatient and outpatient hospital services to offenders confined in department of corrections facilities at a rate no greater than the average rate that the department has negotiated with other community hospitals in Washington state.
(3) COMMUNITY SUPERVISION
General Fund--State Appropriation (FY 2006). . (($82,210,000))
$89,333,000
General Fund--State Appropriation (FY 2007). . (($81,646,000))
$92,970,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($16,736,000))
$16,796,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$449,000
TOTAL APPROPRIATION. .(($180,592,000))
$199,548,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(b) $268,000 of the general fund--state appropriation for fiscal year 2006 and $484,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Substitute House Bill No. 1402 (offender travel or transfer). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(c) $122,000 of the general fund--state appropriation for fiscal year 2006 and $82,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of House Bill No. 1136 (electronic monitoring system). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(d) $1,218,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2407 (monitoring sex offenders). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(4) CORRECTIONAL INDUSTRIES
General Fund--State Appropriation (FY 2006). . . . . . . $838,000
General Fund--State Appropriation (FY 2007). . . . . . . $882,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,000
TOTAL APPROPRIATION. . . .(($1,720,000))
$1,723,000
The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund--state appropriation for fiscal year 2006 and $110,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.
(5) INTERAGENCY PAYMENTS
General Fund--State Appropriation (FY 2006). . (($33,839,000))
$37,289,000
General Fund--State Appropriation (FY 2007). . (($33,838,000))
$38,662,000
TOTAL APPROPRIATION. . .(($67,677,000))
$75,951,000
The appropriations in this subsection are subject to the following conditions and limitations: $130,000 of the general fund--state appropriation for fiscal year 2006 and $196,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for expenditures related to the Farrakhan v. Locke litigation.
Sec. 223. 2005 c 518 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund--State Appropriation (FY 2006). . . (($1,887,000))
$2,037,000
General Fund--State Appropriation (FY 2007). . . (($1,939,000))
$1,962,000
General Fund--Federal Appropriation. . . . . . . . . (($15,326,000))
$15,362,000
General Fund--Private/Local Appropriation. . . . . . . . . . $80,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000
TOTAL APPROPRIATION. . .(($19,232,000))
$19,446,000
Sec. 224. 2005 c 518 s 224 (uncodified) is amended to read as follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund--State Appropriation (FY 2006). . . . . . . $864,000
General Fund--State Appropriation (FY 2007). . . . .(($861,000))
$863,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000
TOTAL APPROPRIATION. . . .(($1,725,000))
$1,731,000
Sec. 225. 2005 c 518 s 225 (uncodified) is amended to read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund--State Appropriation (FY 2006). . . . . . . . $60,000
General Fund--State Appropriation (FY 2007). . . . . . . . $60,000
General Fund--Federal Appropriation. . . . . . . . (($259,865,000))
$260,228,000
General Fund--Private/Local Appropriation. . . . (($31,857,000))
$31,966,000
Unemployment Compensation Administration Account--
Federal Appropriation. . . . . . . . . . . . . . . . . (($199,217,000))
$200,058,000
Administrative Contingency Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($14,946,000))
$16,866,000
Employment Service Administrative Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($24,411,000))
$24,491,000
TOTAL APPROPRIATION. .(($530,416,000))
$533,729,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) $2,087,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is provided to replace obsolete information technology infrastructure.
(2) $12,735,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is authorized for state choice administrative functions. The department shall submit recommendations by September 1, 2007, to the office of financial management and the legislative fiscal committees for options reducing the costs of the state choice administrative functions for the 2007-2009 biennium. If these options require any statutory changes, the department shall submit agency request legislation to the appropriate legislative policy committees and fiscal committees by December 15, 2007.
(3) $2,300,000 of the unemployment compensation administration account--federal appropriation is provided from amounts made available to the state by section 903(d) of the Social Security Act (Reed Act). This amount is authorized to continue implementation of chapter 4, Laws of 2003 2nd sp. sess. and for implementation costs relating to Engrossed House Bill No. 2255 (unemployment insurance).
(4) $4,578,000 of the unemployment compensation administration account--federal appropriation is provided from funds made available to the state by section 903(d) of the Social Security Act (Reed Act). These funds are authorized to provide direct services to unemployment insurance claimants and providing job search review.
(End of part)
PART III
NATURAL RESOURCES
Sec. 301. 2005 c 518 s 301 (uncodified) is amended to read as follows:
FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund--State Appropriation (FY 2006). . . . . . . $471,000
General Fund--State Appropriation (FY 2007). . . . .(($478,000))
$479,000
General Fund--Private/Local Appropriation. . . . . . .(($859,000))
$862,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,000
TOTAL APPROPRIATION. . . .(($1,808,000))
$1,814,000
Sec. 302. 2005 c 518 s 302 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund--State Appropriation (FY 2006). . (($40,648,000))
$40,689,000
General Fund--State Appropriation (FY 2007). . (($40,344,000))
$43,462,000
General Fund--Federal Appropriation. . . . . . . . . (($73,911,000))
$74,678,000
General Fund--Private/Local Appropriation. . . . (($13,287,000))
$13,290,000
Special Grass Seed Burning Research
Account--State Appropriation. . . . . . . . . . . . . . . . . . $14,000
Reclamation Account--State Appropriation. . . . . .(($2,646,000))
$2,778,000
Flood Control Assistance Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,084,000))
$3,422,000
State Emergency Water Projects Revolving
Account--State Appropriation. . . . . . . . . . . . . (($1,456,000))
$1,312,000
Waste Reduction/Recycling/Litter Control--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($15,067,000))
$15,081,000
State Drought Preparedness Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($221,000))
$225,000
State and Local Improvements Revolving
Account (Water Supply Facilities)--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($384,000))
$386,000
Vessel Response Account--State Appropriation. . . . .$2,876,000
Site Closure Account--State Appropriation. . . . . . . (($655,000))
$656,000
Water Quality Account--State Appropriation. . . (($28,021,000))
$28,085,000
Wood Stove Education and Enforcement
Account--State Appropriation. . . . . . . . . . . . . . . . . $357,000
Worker and Community Right-to-Know
Account--State Appropriation. . . . . . . . . . . . . (($2,142,000))
$2,153,000
State Toxics Control Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($78,169,000))
$85,268,000
State Toxics Control Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($379,000))
$380,000
Local Toxics Control Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($5,258,000))
$5,274,000
Water Quality Permit Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($31,909,000))
$32,468,000
Underground Storage Tank Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,883,000))
$2,889,000
Environmental Excellence Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $504,000
Biosolids Permit Account--State Appropriation. . . .(($851,000))
$853,000
Hazardous Waste Assistance Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($5,153,000))
$5,171,000
Air Pollution Control Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($11,199,000))
$11,206,000
Oil Spill Prevention Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($10,219,000))
$11,117,000
Air Operating Permit Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,679,000))
$2,922,000
Freshwater Aquatic Weeds Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($2,534,000))
$2,144,000
Oil Spill Response Account--State Appropriation. . . $7,079,000
Metals Mining Account--State Appropriation. . . . . . . . . $14,000
Water Pollution Control Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($413,000))
$485,000
Water Pollution Control Revolving Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,995,000))
$2,357,000
Freshwater Aquatic Algae Control Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$509,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$186,000
TOTAL APPROPRIATION. .(($386,860,000))
$400,290,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,526,196 of the general fund--state appropriation for fiscal year 2006, $2,526,195 of the general fund--state appropriation for fiscal year 2007, $366,000 of the general fund--federal appropriation, $2,581,000 of the state toxics account--state appropriation, $540,806 of the water quality account--state appropriation, $3,748,220 of the water quality permit account--state appropriation, and $705,000 of the oil spill prevention account are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DOE-01, DOE-02, DOE-04, DOE-06, DOE-07, DOE-08, and DOE-09.
(2) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.
(3) $4,054,000 of the state toxics control account appropriation is provided solely for methamphetamine lab clean-up activities and for the clean up of toxic waste, focusing on clean up within and around Puget Sound.
(4) $170,000 of the oil spill prevention account appropriation is provided solely for implementation of the Puget Sound conservation and recovery plan action item UW-02 through a contract with the University of Washington's sea grant program to continue an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(5) $2,500,000 of the general fund--state appropriation for fiscal year 2006 and $2,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for shoreline grants to local governments to implement Substitute Senate Bill No. 6012 (shoreline management), chapter 262, Laws of 2003.
(6) $156,000 of the general fund--state appropriation for fiscal year 2006 and $144,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to expand the department's pilot program for processing 401 water quality certification projects to a statewide process and timeline to meet improved permit processing accountability and timelines, which will result in 90 percent of routine certifications occurring within 90 days of application, and acknowledgement of receipt of the application being sent within 10 days.
(7) Fees approved by the department of ecology in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(8) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to support water measurement and water storage components of the Columbia River Initiative Program.
(9) (($661,000 of the reclamation account--state appropriation is provided solely to implement Senate Bill No. 5831 (well construction fees). If the bill is enacted by June 30, 2005, $150,000 from the general fund--state appropriation for fiscal year 2006 and $150,000 from the general fund--state appropriation for fiscal year 2007 provided in this section shall lapse. If the bill is not enacted by June 30, 2005, the amount provided from the reclamation account in this subsection shall lapse.
(10))) $509,000 of the freshwater aquatic algae control account--state is provided solely for implementation of Engrossed Substitute Senate Bill No. 5699 (aquatic invasive species). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(((11))) (10) $250,000 of the state toxics control account--state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1605 (soil contamination). If the bill is not enacted by June 30, 2005, the amount in this subsection shall lapse.
(((12))) (11) $200,000 of the water quality account--state appropriation is provided solely for the department to contract with the state conservation commission to provide statewide coordination and support for coordinated resource management.
(12) The department shall assist the office of regulatory assistance in implementing activities consistent with the governor's regulatory improvement program. The department shall support and provide expertise to facilitate, coordinate, and simplify citizen and business interactions so as to improve state regulatory processes involving state, local, and federal stakeholders.
(13) $196,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Engrossed Substitute House Bill No. 2884 (reclaimed water). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(14) $859,000 of the oil spill prevention account--state appropriation is provided solely to implement Second Substitute House Bill No. 2593 (oil spill prevention). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(15) $2,023,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Engrossed Second Substitute House Bill No. 2860 (Columbia river basin). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(16) $297,000 of the state toxics control account--state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1488 (brominated flame retardants). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(17) $340,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to develop and adopt comprehensive rules related to the use of prior converted crop land and the filling or other use of small, isolated, or other low-value wetlands under the provisions of chapter 90.48 RCW. The department shall use a negotiated rule-making process and shall adopt rules by June 30, 2009.
(18) $150,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to develop a pilot water management process that will include three federally recognized treaty Indian tribes.
(19) $130,000 of the state toxics control account--state appropriation is provided solely to support pesticide container recycling activities in Washington.
(20) $700,000 of the state toxics control account--state appropriation is provided solely to continue the clean up of the Everett Asarco residential area.
(21) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to Walla Walla county and Columbia county conservation district for habitat conservation planning and related endangered species act assurances for small irrigators and landowners.
(22) To maximize the use of amounts appropriated during this biennium for the clean up of toxic waste, focusing on clean up within and around Puget Sound, the department shall prioritize for this purpose the use of existing staff, additional FTEs added this biennium, temporary project staff, and contracted services.
Sec. 303. 2005 c 518 s 303 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund--State Appropriation (FY 2006). . (($34,527,000))
$35,187,000
General Fund--State Appropriation (FY 2007). . (($34,669,000))
$38,748,000
General Fund--Federal Appropriation. . . . . . . . . . . . .$2,738,000
General Fund--Private/Local Appropriation. . . . . . . . . . $71,000
Winter Recreation Program Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,110,000))
$1,109,000
Off-Road Vehicle Account--State Appropriation. . .(($225,000))
$220,000
Snowmobile Account--State Appropriation. . . . . . . . $4,805,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$345,000
Parks Renewal and Stewardship Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($38,480,000))
$38,702,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$47,000
Parks Renewal and Stewardship Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$300,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$191,000
TOTAL APPROPRIATION. .(($117,317,000))
$122,463,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Fees approved by the state parks and recreation commission in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(2) $79,000 of the general fund--state appropriation for fiscal year 2006 and $79,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a grant for the operation of the Northwest avalanche center.
(3) $191,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action item PRC-02.
(4) $185,000 of the parks renewal and stewardship account--state appropriation is provided solely to develop a plan for public education and tourist orientation and interpretation at selected state park sites along the route of the ice age floods from Spokane to the Pacific ocean.
(5) Until July 1, 2007, the commission may not charge fees for general park access or parking. Funding of $2,800,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to compensate the state parks and recreation commission for lost revenue from general park access or parking fees.
(6) $1,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for deposit into the state parks centennial account to implement Second Substitute House Bill No. 2422 (funding state and local parks). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse. The expenditure of appropriations from the state parks centennial account is contingent upon the receipt of an equal amount of nonstate funds to the state parks centennial account.
Sec. 304. 2005 c 518 s 304 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
General Fund--State Appropriation (FY 2006). . . . . .$1,401,000
General Fund--State Appropriation (FY 2007). . . (($1,414,000))
$1,417,000
General Fund--Federal Appropriation. . . . . . . . . (($18,455,000))
$18,462,000
General Fund--Private/Local Appropriation. . . . . . . . . .$250,000
Aquatic Lands Enhancement Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $254,000
Water Quality Account--State Appropriation. . . . . . . . .$200,000
Firearms Range Account--State Appropriation. . . . . . . . $24,000
Recreation Resources Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($3,176,000))
$2,196,000
NOVA Program Account--State Appropriation. . . . . . .$809,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000
TOTAL APPROPRIATION. . .(($25,983,000))
$25,014,000
The appropriations in this section are subject to the following conditions and limitations:
(1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.
(2) $16,025,000 of the general fund--federal appropriation is provided solely for implementation of the forest and fish agreement rules. These funds will be passed through to the department of natural resources and the department of fish and wildlife.
(3) During the 2005-07 fiscal biennium, any county that purchased land before 1978 for off-road vehicle sports park recreation pursuant to 1972 ex.s. c 153 and 1975 1st ex.s. c 34 may discharge its contractual obligations for state-funded capital improvements on those lands if by no later than June 30, 2007:
(a) It sells on the open market, at the highest price achievable, all such lands and related facilities and equipment. After deducting reasonable expenses for the cost of sale, all remaining funds will be deposited within thirty days of closing to the nonhighway and off-road vehicle activities program account in the office of the state treasurer. Any funds derived from such sale shall be expended in accordance with RCW 46.09.170(2)(d)(ii)(A) in the same manner as funds the committee receives from RCW 46.09.110 and shall be used for off-road vehicle recreation facilities in areas west of the crest of the Cascade Mountains with preference for developing a new off-road vehicle sports park; or
(b) With the consent of the interagency committee, it gives all such lands and related facilities and equipment to a state or local agency. The state or local agency must agree to make the lands available for purposes related to motorized off-road vehicle recreation. The agency will not be responsible for contractual obligations for previous state-funded capital improvements on those lands. The interagency committee may award a one time noncompetitive grant to the agency for renovation and other capital improvements and for initial operating costs. If a transfer of property under this subsection (b) is not approved prior to June 30, 2006, then the property shall be sold according to (a) of this subsection.
(4) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the biodiversity strategy.
(5) $20,000 of the general fund--state appropriation for fiscal year 2006 and $20,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for coordination of federal, state, tribal, local, and private aquatic monitoring efforts. The department shall provide a memorandum to the office of financial management and legislative fiscal committees in January of every year which specifies performance measures to reduce redundancy, increase efficiency, and help meet the goals and objectives of the various entities involved in monitoring and if these performance measures were met.
Sec. 305. 2005 c 518 s 305 (uncodified) is amended to read as follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund--State Appropriation (FY 2006). . . . . .$1,057,000
General Fund--State Appropriation (FY 2007). . . (($1,064,000))
$1,066,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000
TOTAL APPROPRIATION. . . .(($2,121,000))
$2,128,000
Sec. 306. 2005 c 518 s 306 (uncodified) is amended to read as follows:
FOR THE CONSERVATION COMMISSION
General Fund--State Appropriation (FY 2006). . . . . .$2,235,000
General Fund--State Appropriation (FY 2007). . . (($2,253,000))
$2,256,000General Fund--Federal Appropriation$250,000
Water Quality Account--State Appropriation. . . . (($4,175,000))
$4,178,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,000
TOTAL APPROPRIATION. . . .(($8,663,000))
$8,922,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $197,000 of the general fund--state appropriation for fiscal year 2006 and $197,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action item CC-01.
(2) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.
(3) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Substitute House Bill No. 1462 (relating to funding for conservation districts). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
Sec. 307. 2005 c 518 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund--State Appropriation (FY 2006). . (($45,751,000))
$46,666,000
General Fund--State Appropriation (FY 2007). . (($44,545,000))
$45,948,000
General Fund--Federal Appropriation. . . . . . . . . (($42,261,000))
$49,100,000
General Fund--Private/Local Appropriation. . . . (($36,025,000))
$36,089,000
Off-Road Vehicle Account--State Appropriation. . . . . .$392,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($5,813,000))
$5,820,000
Recreational Fisheries Enhancement--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,547,000))
$3,753,000
Warm Water Game Fish Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,898,000))
$2,904,000
Eastern Washington Pheasant Enhancement
Account--State Appropriation. . . . . . . . . . . . . . . . . $750,000
Wildlife Account--State Appropriation. . . . . . . . (($62,776,000))
$61,709,000
Wildlife Account--Federal Appropriation. . . . . . (($30,966,000))
$33,029,000
Wildlife Account--Private/Local Appropriation. (($10,379,000))
$10,386,000
Game Special Wildlife Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,147,000))
$2,883,000
Game Special Wildlife Account--Federal Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($8,858,000))
$8,863,000
Game Special Wildlife Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . (($468,000))
$469,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$588,000
Environmental Excellence Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$15,000
Regional Fisheries Salmonid Recovery
Account--Federal Appropriation. . . . . . . . . . . (($1,755,000))
$2,755,000
Oil Spill Prevention Account--State Appropriation(($1,040,000))
$1,043,000
((Recreation Resources Account--State Appropriation.$36,000))
Oyster Reserve Land Account--State Appropriation. . . $411,000
((Freshwater Aquatic Algae Control Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $750,000))
Aquatic Invasive Species Prevention Account--State
Appropriation
. . . . . . . .$528,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$248,000
TOTAL APPROPRIATION. .(($302,171,000))
$314,349,000
The appropriations in this section are subject to the following conditions and limitations:
(1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.
(2) $1,556,714 of the general fund--state appropriation for fiscal year 2006 and $1,556,713 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DFW-01 through DFW-06, DFW-08 through DFW-12, and DFW-16.
(3) $225,000 of the general fund--state appropriation for fiscal year 2006 and $225,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.
(4) The department shall support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.
(5) The department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within the amount provided for the agency, the department shall provide support to the department of health to enforce state shellfish harvest laws.
(6) $180,000 of the wildlife account--state appropriation is provided solely to test deer and elk for chronic wasting disease and to document the extent of swan lead poisoning. Of this amount, $65,000 is provided solely to document the extent of swan lead poisoning and to begin environmental cleanup.
(7) The department shall provide quarterly status reports to the office of financial management regarding the replacement of the Washington interactive licensing system and the implementation of the hydraulic permit management system.
(8) The department shall prepare a report detailing the hydraulic permit approval program applications and project types. The department shall coordinate with the office of financial management in determining the contents of the report. At minimum, the report shall include permits by applicant (name, state, local, federal, tribal entity, etc.), project type (pamphlet, minor, medium, major, extension, revision, etc.) and project location (county and water resource inventory area). The department shall submit the report to the office of financial management and legislative fiscal committees no later than September 1, 2006.
(9) $700,000 of the general fund--federal appropriation is provided solely for environmental data quality and access projects in support of state salmon recovery efforts. The department shall coordinate planning and implementation of all activities with the department of information services and the governor's salmon recovery office. The department shall make certain that any activity using these funds is consistent with recommendations to be submitted (per section 405, chapter 488, Laws of 2005) in the joint report to the legislature and office of financial management on December 1, 2006.
(10) $100,000 of the general fund--state appropriation for fiscal year 2006 and $400,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a state match to support the Puget Sound nearshore partnership between the department and the U.S. Army Corps of Engineers.
(((10))) (11) $72,000 of the state wildlife account--state appropriation is provided solely to implement House Bill No. 1211 (multiple season big game permit). If the bill is not enacted by June 30, 2005, the amount provided in this section shall lapse.
(12) (($750,000)) $528,000 of the ((freshwater aquatic algae control)) aquatic invasive species prevention account--state appropriation is provided solely to implement Senate Bill No. 5699 (preventing and controlling aquatic invasive species and algae). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(13) $703,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to purchase six purse seine and three gill net licenses to meet the provisions of the United States/Canada salmon treaty.
(((15))) (14) $10,000 of the general fund--state appropriation for fiscal year 2006 and $10,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for chum salmon production at Minter creek hatchery.
(((16))) (15) $45,000 of the general fund--federal appropriation for fiscal year 2006 and $45,000 of the general fund--federal appropriation for fiscal year 2007 are provided solely for the management of Canada goose seasons to increase the number of hunting days in southwest Washington.
(((17))) (16) $46,000 of the wildlife account--state appropriation is provided solely to increase the number of courses providing the hunter education training program created in RCW 77.32.155. The department shall reduce the current backlog of applicants waiting to take the training program and provide for a stable supply of training program courses in order to avoid future backlogs.
(((18))) (17) $481,000 of the wildlife account--state appropriation is provided solely to continued operation of the Naselle Hatchery during the 2005-07 biennium. This will increase production by 3 million Chinook, 1 million Coho, and 30,000 trout.
(((20))) (18) $223,000 of the wildlife account--state appropriation is provided solely to implement Senate Bill No. 5227 (wildlife harvest reports). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(19) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for federal match funding for the control of predators that damage livestock, crops, and property.
(20) $85,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the department to produce educational materials discouraging activities that harm or disturb the spawning beds of salmon and steelhead. Discouraged activities include, but are not limited to, wading on spawning beds, driving motor vehicles on spawning beds, use of high-powered jet or propeller-driven boats across spawning beds, dragging anchors through spawning beds, digging or removing gravel from spawning beds, or any other physical disturbance capable of disturbing spawning fish or damaging or destroying nests of incubating eggs.
(a) The educational materials produced by the department in accordance with this subsection must include, at a minimum, brochures that are to be disseminated to persons applying for fishing and boating licenses statewide. The department must also distribute the brochures widely to retail outlets that cater to outdoor recreation.
(b) The department shall work cooperatively with the tribal fishery comanagers in the development of the educational materials under this section.
(c) The department shall report to the legislature concerning the effectiveness of this subsection after at least two spawning cycles of salmon and steelhead have occurred.
(21) Within the amounts appropriated in this section, by December 1, 2006, the department shall:
(a) Submit a report detailing the reductions required by omnibus appropriations acts since 1997 for activities supported by the state wildlife fund;
(b) Submit quarterly revenue and expenditure reports for the state wildlife account based on current revenue forecasts to the office of financial management and the fiscal committees of the legislature; and
(c) Develop a model for forecasting state wildlife account revenues for the next six years. The department shall work with the office of financial management and the department of revenue in developing the model. The forecast shall be provided in an electronic format annually on September 1st to the office of financial management and the fiscal committees of the legislature.
(22) The department shall assist the office of regulatory assistance in implementing activities consistent with the governor's regulatory improvement program. The department shall support and provide expertise to facilitate, coordinate, and simplify citizen and business interactions so as to improve state regulatory processes involving state, local, and federal stakeholders.
(23) $408,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for fire suppression and remediation activities on department lands and facilities that were impacted during the 2005 fire season. Funding shall be used for seeding, planting vegetation, fertilizing, weed control, and the establishment of water bars and other erosion control measures.
(24) $153,000 of the general fund--state appropriation for fiscal year 2006 and $113,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the continued operation of the Nemah, Mossyrock, Omak, Colville, Arlington, and Columbia Basin hatcheries during the 2005-07 biennium. Funding shall be used to offset the increased cost of utilities, fuel, fish feed, and mitigation obligations previously funded from local sources. The department shall consult with the appropriate natural resource and fiscal committees of the legislature prior to submitting a 2007-09 budget proposal that changes current hatchery operations, production, and/or maintenance to the office of financial management. Unless specifically authorized by the legislature, the department shall not close any hatchery facility currently in operation.
(((21))) (25) $4,000 of the wildlife account--state appropriation is provided solely to implement House Bill No. 1210 (temporary fishing license). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(26) Within existing appropriations and utilizing all available federal moneys allocated for the crab buy-back program, the department shall develop and implement a crab buy-back program that allows commercial crab fishers the opportunity to sell their licenses back to the state and exit from the crabbing fishery. The department shall report to the office of financial management and the appropriate fiscal committees of the legislature its detailed implementation plan no later than December 1, 2006.
Sec. 308. 2005 c 518 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund--State Appropriation (FY 2006). . (($49,220,000))
$40,473,000
General Fund--State Appropriation (FY 2007). . (($43,757,000))
$53,517,000
General Fund--Federal Appropriation. . . . . . . . . (($15,202,000))
$15,215,000
General Fund--Private/Local Appropriation. . . . . (($1,275,000))
$1,276,000
Forest Development Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($54,441,000))
$54,697,000
Off-Road Vehicle Account--State Appropriation. (($3,986,000))
$4,001,000
Surveys and Maps Account--State Appropriation.(($2,436,000))
$2,447,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($8,344,000))
$8,451,000
Resources Management Cost Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($85,941,000))
$86,332,000
Surface Mining Reclamation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,841,000))
$2,098,000
Disaster Response Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000,000
Water Quality Account--State Appropriation. . . . (($2,630,000))
$2,636,000
Aquatic Land Dredged Material Disposal Site
Account--State Appropriation. . . . . . . . . . . . . . .(($652,000))
$1,321,000
Natural Resources Conservation Areas Stewardship
Account--State Appropriation. . . . . . . . . . . . . . . . . . $34,000
State Toxics Control Account--State Appropriation. .$2,155,000
Air Pollution Control Account--State Appropriation(($555,000))
$556,000
Derelict Vessel Removal Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($1,137,000))
$1,138,000
Agricultural College Trust Management
Account--State Appropriation. . . . . . . . . . . . . (($1,962,000))
$1,966,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$136,000
TOTAL APPROPRIATION. .(($280,568,000))
$283,449,000
The appropriations in this section are subject to the following conditions and limitations:
(1) As described in section 129(7) of this act, the department shall make recommendations and report on monitoring activities related to salmon recovery.
(2) $18,000 of the general fund--state appropriation for fiscal year 2006, $18,000 of the general fund--state appropriation for fiscal year 2007, and $1,652,050 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound conservation and recovery plan and agency action items DNR-01 and DNR-02.
(3) $138,000 of the resource management cost account--state appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1896 (geoduck harvest). If the bill is not enacted by June 30, 2005, the amount in the subsection shall lapse.
(4) (($953,000)) $972,000 of the general fund--state appropriation for fiscal year 2006 and (($950,000)) $994,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for deposit into the agricultural college trust management account and are provided solely to manage approximately 70,700 acres of Washington State University's agricultural college trust lands.
(5) (($10,635,000)) $10,689,000 of the general fund--state appropriation for fiscal year 2006, $13,635,000 of the general fund--state appropriation for fiscal year 2007, and $5,000,000 of the disaster response account--state appropriation are provided solely for emergency fire suppression. Of these amounts, up to $250,000 may be expended for staff and other necessary resources to design and implement a fire data-collection system that includes financial- and performance-management information for fires over 10 acres in size.
None of the general fund and disaster response account amounts provided in this subsection may be used to fund agency indirect and administrative expenses. Agency indirect and administrative costs shall be allocated among the agency's remaining accounts and appropriations.
(6) $582,000 of the aquatic lands enhancement account appropriation is provided solely for spartina control.
(7) Fees approved by the board of natural resources in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(8) $9,000,000 of the general fund--state appropriation for fiscal year ((2006)) 2007 and $2,000,000 of the aquatic lands enhancement account--state appropriation are provided solely for the purposes of settling those claims identified in ((the consent decree and settlement agreement in)) U.S., et al. v. State of Washington, et al. Subproceeding No. 89-3 (Shellfish), United States District Court for the Western District of Washington at Seattle, Case No. C70-9213. The expenditure of this appropriation is contingent on ((the release of those claims in this subproceeding. In the event that the federal government does not appropriate $22,000,000 for this purpose by June 30, 2006,)) a settlement agreement that includes the state of Washington as a party to the agreement which is fully executed by June 29, 2007, and a consent decree entered by June 29, 2007, by the United States District Court for the Western District of Washington settling and releasing the identified treaty claims to harvest shellfish previously negotiated in the settlement agreement. By June 29, 2007, the release of claims associated with the settlement agreement and consent decree must be fully effective and there must be no unfulfilled contingencies that could cause the settlement agreement or consent decree to be vacated at some future date if not fulfilled. In the event that these contingencies are not met, the amounts provided in this subsection shall lapse.
(9) $2,155,000 of the state toxics account--state appropriation is provided solely for the department to meet its obligations with the U.S. environmental protection agency for the clean-up of Commencement Bay and other sites.
(10) The department shall not develop the Gull Harbor facility without first submitting a master plan to the appropriate committees of the legislature. The plan shall ensure continued public access to the waterfront. The plan shall also examine alternative locations to the Gull Harbor site that would colocate marine equipment for all state agencies needing water access in Thurston county. The report shall be submitted by December 1, 2006.
(11) $250,000 of the general fund--state appropriation for fiscal year 2006, $250,000 of the general fund--state appropriation for fiscal year 2007, and $500,000 of the resource management cost account--state appropriation are provided solely for a report on the future of Washington forests. The purpose of the report is to examine economic, recreational, and environmental trends influencing the forest products industry and secondary manufacturing sectors in Washington state. The department shall contract with the University of Washington college of forestry resources. The college shall consult with the University of Washington economics department for the section on investment returns from granted lands. The report shall contain the following parts:
(a) An update of the 1992 timber supply study for Washington state that was conducted by the University of Washington. The update may be accomplished by reviewing the most recent similar data available in existing reports, examining a sample of the original 1992 study sample of lands, and through other existing data sources that may reveal relevant trends and changes since 1992.
(b) An independent assessment of the economic contribution of the forest products industry, and secondary manufacturing sectors, to the state. This assessment will also examine some of the macroeconomic trends likely to affect the industry in the future.
(c) A comparison of the competitive position of Washington's forest products industry globally, and with other leading forest products states, or regions, of the United States. This evaluation should compare the relative tax burden for growing and harvesting timber between the states or regions and the relative cost of adhering to regulations, and identify the competitive advantages of each state or region.
(d) An assessment of the trends and dynamics that commercial and residential development play in the conversion of the state's forests to nonforestry uses. The assessment will involve gathering relevant data, reviewing that data, and analyzing the relationship between development and the conversion of forest land uses.
(e) Recommendations on: (i) Policy changes that would enhance the competitive position of Washington's forest products industry in Washington state; (ii) policy changes that would, to the extent possible, ensure that a productive forest land base continues to be managed for forest products, recreation, and environmental and other public benefits into the future; and (iii) policy changes that would enhance the recreational opportunities on working forest lands in the state.
(f) Based on the information derived from (a) through (d) of this subsection, an assessment of the expected rate of return from state granted lands. This section of the reports shall also review reports prepared by the department over the past ten years that describe the investment returns from granted lands. The review of these previous reports shall compare and critique the methodology and indicators used to report investment returns. The review shall recommend appropriate measures of investment returns from granted lands.
(g) Analyze and recommend policies and programs to assist Cascade foothills area landowners and communities in developing and implementing innovative approaches to retaining traditional forestry while at the same time accommodating new uses that strengthen the economic and natural benefits from forest lands. For the purposes of this section, the Cascade foothills area generally encompasses the nonurbanized lands within the Cascade mountain range and drainages lying between three hundred and three thousand feet above mean sea level, and located within Whatcom, Skagit, Snohomish, King, Pierce, Thurston, and Lewis counties.
(12) $4,000 of the general fund--state appropriation for fiscal year ((2005)) 2006 and $4,000 of the general fund--state appropriation for fiscal year ((2006)) 2007 are provided solely to compensate the forest board trust for a portion of the lease to the Crescent television improvement district consistent with RCW 79.13.520.
(13) The department shall develop a multiyear work plan and schedule for mapping all applicable areas of the state for landslide hazards and earthquake hazards. The work plan and schedule shall be based on a carryforward funding level, and shall be submitted to the office of financial management and to the fiscal committees of the legislature by June 30, 2006.
(14) $654,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for geologic hazard research, activities, and mapping, including earthquake, landslide, and tsunami hazards.
Sec. 309. 2005 c 518 s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund--State Appropriation (FY 2006). . (($11,000,000))
$11,139,000
General Fund--State Appropriation (FY 2007). . (($10,443,000))
$11,564,000
General Fund--Federal Appropriation. . . . . . . . . (($10,608,000))
$10,634,000
General Fund--Private/Local Appropriation. . . . . . . . . .$413,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($1,986,000))
$1,990,000
Water Quality Account--State Appropriation. . . . . . (($968,000))
$972,000
State Toxics Control Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($3,416,000))
$3,555,000
Water Quality Permit Account--State Appropriation. . .$238,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$39,000
TOTAL APPROPRIATION. . .(($39,072,000))
$40,544,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $37,000 of the general fund--state appropriation for fiscal year 2006 and $37,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for implementation of the Puget Sound conservation and recovery plan and agency action item WSDA-01.
(2) Fees and assessments approved by the department in the 2005-07 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(3) Within funds appropriated in this section, the department, in addition to the authority provided in RCW 17.26.007, may enter into agreements with federal agencies to eradicate spartina from private lands that may provide a source of reinfestation to public lands.
(4) $36,000 of the general fund--state appropriation for fiscal year 2006 and $37,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for an economic impact study of fairs in the state of Washington.
(5) $12,000 of the general fund--state appropriation for fiscal year 2006 and $13,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for indemnity payments for poultry that are ordered by the department to be slaughtered or destroyed.
(6) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for market promotion and trade barrier grants.
(7) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the small farm and direct marketing program.
(8) $466,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to complete a database application that would consolidate program information and enable the department to more effectively respond to a food safety or animal disease emergency.
(9) $150,000 of the general fund--state appropriation for fiscal year 2006 and $150,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement the Washington wine brand campaign.
(10) The department shall consult with affected agricultural industries before fees for fruit and vegetable inspections may be raised. The consultation shall include a review of current inspection services, the cost of providing those services, and the discontinuation of unnecessary services.
(11) $85,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Substitute House Bill No. 3033 (animal identification). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(12) $30,000 of the general fund--state appropriation for fiscal year 2006 and $110,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Engrossed Substitute House Bill No. 2738 (renewable fuel). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(13) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to support noxious weed boards.
(14) $500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the purchase of agricultural products equipment. The department shall negotiate an appropriate agreement with the agriculture industry for the use of the equipment.
(15) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for spartina eradication efforts.
Sec. 310. 2005 c 518 s 310 (uncodified) is amended to read as follows:
FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM
Pollution Liability Insurance Program Trust
Account--State Appropriation. . . . . . . . . . . . . . .(($861,000))
$864,000
(End of part)
PART IV
TRANSPORTATION
Sec. 401. 2005 c 518 s 401 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
General Fund--State Appropriation (FY 2006). . . (($1,886,000))
$1,537,000
General Fund--State Appropriation (FY 2007). . . (($1,787,000))
$1,558,000
Architects' License Account--State Appropriation. . (($728,000))
$715,000
Cemetery Account--State Appropriation. . . . . . . . . .(($224,000))
$220,000
Professional Engineers' Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($3,179,000))
$3,217,000
Real Estate Commission Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($7,583,000))
$7,605,000
Master License Account--State Appropriation. . (($11,593,000))
$11,563,000
Uniform Commercial Code Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,936,000))
$2,861,000
Real Estate Education Account--State Appropriation. . $275,000
Real Estate Appraiser Commission
Account--State Appropriation. . . . . . . . . . . . . (($1,345,000))
$1,566,000
Business and Professions Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($7,927,000))
$9,611,000
Real Estate Research Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($301,000))
$321,000
((Wildlife Account--State Appropriation. . . . . . . . . . . .$13,000))
Funeral Directors and Embalmers
Account--State Appropriation. . . . . . . . . . . . . . .(($534,000))
$531,000
Geologists' Account--State Appropriation. . . . . . . . . (($34,000))
$47,000
Data Processing Revolving Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$29,000
Derelict Vessel Removal Account--State Appropriation.$31,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,000
TOTAL APPROPRIATION. . .(($40,405,000))
$41,717,000
(1) The appropriations in this section are subject to the following conditions and limitations: In accordance with RCW 43.24.086, it is the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. For each licensing program covered by RCW 43.24.086, the department shall set fees at levels sufficient to fully cover the cost of administering the licensing program, including any costs associated with policy enhancements funded in the 2005-07 fiscal biennium. Pursuant to RCW 43.135.055, during the 2005-07 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.
(2) $7,685,000 of the business and professions account--state appropriation is subject to enactment of Substitute House Bill No. 1394 (business and professions account). If the bill is not enacted by June 30, 2005, the appropriations out of this account shall be made from the general fund.
(3) $1,653,000 of the master license account--state appropriation is subject to enactment of House Bill No. 2131 (master licensing service). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(4) $34,000 of the general fund--state appropriation for fiscal year 2006 are subject to enactment of House Bill No. 1241 (vehicle licensing and registration). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(5) $180,000 of the real estate appraiser commission account--state appropriation is provided solely to implement Senate Bill No. 5274 (real estate appraisers). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(6) $56,000 of the business and professions account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2596 (cosmetology apprenticeship). If the bill is not enacted by June 30, 2006, the amount provided for in this subsection shall lapse.
Sec. 402. 2005 c 518 s 402 (uncodified) is amended to read as follows:
FOR THE STATE PATROL
General Fund--State Appropriation (FY 2006). . (($36,089,000))
$37,601,000
General Fund--State Appropriation (FY 2007). . (($30,702,000))
$31,128,000
General Fund--Federal Appropriation. . . . . . . . . . (($4,356,000))
$4,364,000
General Fund--Private/Local Appropriation. . . . . . .(($595,000))
$596,000
Death Investigations Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($5,615,000))
$4,628,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($4,941,000))
$4,963,000
Enhanced 911 Account--State Appropriation. . . . . . . . $573,000
County Criminal Justice Assistance
Account--State Appropriation. . . . . . . . . . . . . (($2,883,000))
$2,895,000
Municipal Criminal Justice Assistance
Account--State Appropriation. . . . . . . . . . . . . (($1,154,000))
$1,157,000
Fire Service Trust Account--State Appropriation. . . . . .$131,000
Fire Service Training Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($7,550,000))
$7,560,000
State Toxics Control Account--State Appropriation.(($468,000))
$469,000
Violence Reduction and Drug Enforcement
Account--State Appropriation. . . . . . . . . . . . . . . . . $313,000
Fingerprint Identification
Account--State Appropriation. . . . . . . . . . . . . (($6,257,000))
$6,270,000
Disaster Response Account--State Appropriation. . . . . . . $2,000
((DNA Data Base Account--State Appropriation. . . . . .$150,000
Aquatic Invasive Species Prevention Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $222,000))
Aquatic Invasive Species Enforcement Account--State
Appropriation
. . . . . . . .$145,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$102,000
TOTAL APPROPRIATION. .(($102,001,000))
$102,897,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $200,000 of the fire service training account--state appropriation is provided solely for two FTEs in the office of state fire marshal to exclusively review K-12 construction documents for fire and life safety in accordance with the state building code. It is the intent of this appropriation to provide these services only to those districts that are located in counties without qualified review capabilities.
(2) (($222,000)) $145,000 of the aquatic invasive species ((prevention)) enforcement account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5699 (aquatic invasive species). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(3) $250,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $240,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of Engrossed House Bill No. 1241 (vehicle licensing and registration). If the bill is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(4) $395,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of section 5 of Second Substitute House Bill No. 2805 (missing persons). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(End of part)
PART V
EDUCATION
Sec. 501. 2005 c 518 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
(1) STATE AGENCY OPERATIONS
General Fund--State Appropriation (FY 2006). . (($12,946,000))
$13,452,000
General Fund--State Appropriation (FY 2007). . (($12,870,000))
$17,117,000
General Fund--Federal Appropriation. . . . . . . . . (($30,248,000))
$23,090,000
TOTAL APPROPRIATION. . .(($56,064,000))
$53,659,000
The appropriations in this section are subject to the following conditions and limitations:
(a) (($10,836,000)) $10,835,000 of the general fund--state appropriation for fiscal year 2006 and (($10,910,000)) $10,980,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the office of the superintendent of public instruction. Within the amounts provided in this subsection, the superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award. The students selected for the award must demonstrate understanding through completion of at least one of the classroom-based civics assessment models developed by the superintendent of public instruction, and through leadership in the civic life of their communities. The superintendent shall select two students from eastern Washington and two students from western Washington to receive the award, and shall notify the governor and legislature of the names of the recipients.
(b) $428,000 of the general fund--state appropriation for fiscal year 2006 and (($428,000)) $547,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(c) $509,000 of the general fund--state appropriation for fiscal year 2006 and $504,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the operation and expenses of the Washington professional educator standards board. Within the amounts provided in this subsection, the Washington professional educator standards board shall pursue the implementation of recent study recommendations including: (i) Revision of teacher mathematics endorsement competencies and alignment of teacher tests to the updated competencies, and (ii) development of mathematics specialist endorsement.
(d) (($100,000)) $607,000 of the general fund--state appropriation for fiscal year 2006 ((is)) and $592,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for increased attorney general fees related to School Districts' Alliance for Adequate Funding of Special Education et al. v. State of Washington et al., Thurston County Superior Court Cause No. 04-2-02000-7.
(e) $950,000 of the general fund--state appropriation for fiscal year 2006 and $950,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for replacement of the apportionment system, which includes the processes that collect school district budget and expenditure information, staffing characteristics, and the student enrollments that drive the funding process.
(f)(i) $45,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for the office of the superintendent of public instruction and the department of health to collaborate and develop a work group to assess school nursing services in class I school districts. The work group shall consult with representatives from the following groups: School nurses, schools, students, parents, teachers, health officials, and administrators. The work group shall:
(A) Study the need for additional school nursing services by gathering data about current school nurse-to-student ratios in each class I school district and assessing the demand for school nursing services by acuity levels and the necessary skills to meet those demands. The work group also shall recommend to the legislature best practices in school nursing services, including a dedicated, sustainable funding model that would best meet the current and future needs of Washington's schools and contribute to greater academic success of all students. The work group shall make recommendations for school nursing services, and may examine school nursing services by grade level. The work group shall assess whether funding for school nurses should continue as part of basic education; and
(B) In collaboration with managed care plans that contract with the department of social and health services medical assistance administration to provide health services to children participating in the medicaid and state children's health insurance program, identify opportunities to improve coordination of and access to health services for low-income children through the use of school nurse services. The work group shall evaluate the feasibility of pooling school district and managed care plan funding to finance school nurse positions in school districts with high numbers of low-income children.
(ii) The office of superintendent of public instruction shall report the work group's findings and plans for implementation to the legislature by February 1, 2006.
(g) $78,000 of the general fund--state appropriation for fiscal year 2006 and $78,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to provide direct services and support to schools around an integrated, interdisciplinary approach to instruction in conservation, natural resources, sustainability, and human adaptation to the environment. Specific integration efforts will focus on science, math, and the social sciences. Integration between basic education and career and technical education, particularly agricultural and natural sciences education, is to be a major element.
(h) $2,896,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the creation of a statewide data base of longitudinal student information. This amount is conditioned on the department satisfying the requirements in section 902, chapter 518, Laws of 2005.
(i) $425,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for comprehensive cultural competence and anti-bias education programs for educators and students. The office of superintendent of public instruction shall administer grants to school districts with the assistance and input of groups such as the anti-defamation league and the Jewish federation of Seattle.
(j) $50,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for additional efforts at promoting financial literacy of students. The effort will be coordinated through the financial literacy public-private partnership.
(k) $80,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the office of the superintendent of public instruction (OSPI) to conduct an inventory of kindergarten readiness assessments and instruments used in schools around the country, as well as those recommended by experts and pertinent research studies. The inventory shall be done in collaboration with early learning efforts in the office of the governor, and shall involve collaboration with experts representing a diverse range of cultural and ethnic backgrounds, including representatives from federally recognized tribes. The inventory shall address the extent to which readiness assessments and instruments respond to the unique learning needs of all children. After completing the inventory, the OSPI shall recommend to the legislature, for statewide adoption, an array of comparable, culturally appropriate assessments or instruments that measure children's readiness to learn in math and reading, and a method for statewide data collection that will allow for analysis and measurement of trends over time. A report containing findings and recommendations on these issues shall be delivered to the education committees of the legislature by December 1, 2006.
(l) $15,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Engrossed House Bill No. 2910 (environmental education). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(m) $47,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Engrossed House Bill No. 2579 (educational assessments). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(n) $7,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the implementation of Substitute House Bill No. 2973 (career and technical high school). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(2) STATEWIDE PROGRAMS
General Fund--State Appropriation (FY 2006). . (($10,192,000))
$16,693,000
General Fund--State Appropriation (FY 2007). . (($10,155,000))
$15,502,000
General Fund--Federal Appropriation. . . . . . . . . (($47,465,000))
$58,112,000
TOTAL APPROPRIATION. . .(($67,812,000))
$90,307,000
The appropriations in this subsection are provided solely for the statewide programs specified in this subsection and are subject to the following conditions and limitations:
(a) HEALTH AND SAFETY
(i) A maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $2,541,000 of the general fund--state appropriation for fiscal year 2007 are provided for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.
(ii) A maximum of $96,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $96,000 of the general fund--state appropriation for fiscal year 2007 are provided for the school safety center in the office of the superintendent of public instruction subject to the following conditions and limitations:
(A) The safety center shall: Disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.
(B) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.
(iii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $100,000 of the general fund--state appropriation for fiscal year 2007 are provided for a school safety training program provided by the criminal justice training commission. The commission, in collaboration with the school safety center advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.
(iv) $40,000 of the general fund--state appropriation is provided solely for the safety center advisory committee to develop and distribute a pamphlet to promote internet safety for children, particularly in grades seven through twelve. The pamphlet shall be posted on the superintendent of public instruction's web site. To the extent possible, the pamphlet shall be distributed in schools throughout the state and in other areas accessible to youth, including but not limited to libraries and community centers.
(v) (($11,600,000)) $10,344,000 of the general fund--federal appropriation is provided for safe and drug free schools and communities grants for drug and violence prevention activities and strategies and $800,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for one-time backfill of the federal reductions to the safe and drug free schools and communities grant program.
(vi) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2007 are provided for a nonviolence and leadership training program provided by the institute for community leadership. The program shall provide a request for proposal process, with up to 80 percent funding, for nonviolence leadership workshops serving at least 12 school districts with direct programming in 36 elementary, middle, and high schools throughout Washington state.
(b) TECHNOLOGY
A maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2007 are provided for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.
(c) GRANTS AND ALLOCATIONS
(i) $787,000 of the fiscal year 2006 appropriation and $799,000 of the fiscal year 2007 appropriation are provided solely for the special services pilot projects. The office of the superintendent of public instruction shall allocate these funds to the district or districts participating in the pilot program according to the provisions of RCW 28A.630.015.
(ii) A maximum of $548,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of (($548,000)) $803,000 of the general fund--state appropriation for fiscal year 2007 are ((provided)) for alternative certification routes. Funds may be used by the professional educator standards board to continue existing alternative-route grant programs and to create new alternative-route programs in regions of the state with service shortages. Of this amount, $255,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Substitute House Bill No. 2989 (teach math-science program). If this bill is not enacted by June 30, 2006, this amount shall lapse.
(iii) A maximum of $31,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $31,000 of the general fund--state appropriation for fiscal year 2007 are provided for operation of the Cispus environmental learning center.
(iv) A maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,224,000 of the general fund--state appropriation for fiscal year 2007 are provided for in-service training and educational programs conducted by the Pacific Science Center.
(v) A maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $1,079,000 of the general fund--state appropriation for fiscal year 2007 are provided for the Washington state leadership assistance for science education reform (LASER) regional partnership coordinated at the Pacific Science Center.
(vi) A maximum of $97,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $97,000 of the general fund--state appropriation for fiscal year 2007 are provided to support vocational student leadership organizations.
(vii) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2007 are provided for the Washington civil liberties education program.
(viii) $1,000,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington state achievers scholarship program. The funds shall be used to support community involvement officers that recruit, train, and match community volunteer mentors with students selected as achievers scholars.
(ix) (($1,521,000)) $1,911,000 of the general fund--federal appropriation is provided for the advanced placement fee program to increase opportunities for low-income students and under-represented populations to participate in advanced placement courses and to increase the capacity of schools to provide advanced placement courses to students.
(x) (($8,292,000)) $5,532,000 of the general fund--federal appropriation is provided for comprehensive school reform demonstration projects to provide grants to low-income schools for improving student achievement through adoption and implementation of research-based curricula and instructional programs.
(xi) (($19,587,000)) $24,490,000 of the general fund--federal appropriation is provided for 21st century learning center grants, providing after-school and inter-session activities for students.
(xii) $383,000 of the general fund--state appropriation for fiscal year 2006 and $294,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Lorraine Wojahn dyslexia pilot reading program in up to five school districts.
(xiii) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for developing and disseminating curriculum and other materials documenting women's role in World War II.
(xiv) $257,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Second Substitute House Bill No. 2789. If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(xv) $3,980,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the dissemination of the Navigation 101 curriculum to all districts, including the development and dissemination of electronic student planning tools and the development of a software package to use to analyze the impact of the implementation of Navigation 101 on student performance, and grants to at least one hundred school districts for the implementation of the Navigation 101 program. The implementation grants will be limited to a maximum of two years and the school districts selected shall represent various regions of the state and reflect differences in school district size and enrollment characteristics.
(xvi) $6,500,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for one-time grants to school districts to offset extraordinary rate increases for natural gas.
Sec. 502. 2005 c 518 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT
General Fund--State Appropriation (FY 2006)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($4,180,957,000))
$4,193,442,000
General Fund--State Appropriation (FY 2007)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($4,243,010,000))
$4,281,383,000
TOTAL APPROPRIATION(($8,423,967,000))
$8,474,825,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for certificated staff salaries for the 2005-06 and 2006-07 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;
(iii) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and
(iv) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for the additional certificated units provided in this subsection (iv) shall not be considered as basic education funding;
(A) Funds provided under this subsection (2)(a)(iv) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio in grades K-4 equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;
(B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-4 may dedicate up to 1.3 of the 53.2 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;
(C) Any district maintaining a ratio in grades K-4 equal to or greater than 53.2 certificated instructional staff per thousand full-time equivalent students may use allocations generated under this subsection (2)(a)(iv) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 5-6. Funds allocated under this subsection (2)(a)(iv) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants;
(b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;
(c)(i) On the basis of full-time equivalent enrollment in:
(A) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 19.5 full-time equivalent vocational students; and
(B) Skills center programs meeting the standards for skills center funding established in January 1999 by the superintendent of public instruction with a waiver allowed for skills centers in current operation that are not meeting this standard until the 2007-08 school year, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;
(ii) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support; and
(iii) Indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic education and vocational enhancement allocations of state funds;
(d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:
(i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;
(e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
(i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;
(f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students;
(g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and
(h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
(3) Allocations for classified salaries for the 2005-06 and 2006-07 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 ((10.90)) 11.21 percent in the 2005-06 school year and ((11.90)) 11.73 percent in the 2006-07 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of ((14.57)) 14.07 percent in the 2005-06 school year and ((15.82)) 15.08 percent in the 2006-07 school year for classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $9,112 per certificated staff unit in the 2005-06 school year and a maximum of (($9,285)) $9,476 per certificated staff unit in the 2006-07 school year.
(b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $22,377 per certificated staff unit in the 2005-06 school year and a maximum of (($22,802)) $23,272 per certificated staff unit in the 2006-07 school year.
(c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $17,362 per certificated staff unit in the 2005-06 school year and a maximum of (($17,692)) $18,056 per certificated staff unit in the 2006-07 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $531.09 for the 2005-06 and 2006-07 school years per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported statewide for the prior school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of (($7,621,000)) $8,496,800 outside the basic education formula during fiscal years 2006 and 2007 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 $513,000 may be expended in fiscal year 2006 and a maximum of (($523,000)) $534,000 may be expended in fiscal year 2007;
(b) For summer vocational programs at skills centers, a maximum of $2,035,000 may be expended for the 2006 fiscal year and a maximum of $2,035,000 for the 2007 fiscal year;
(c) A maximum of (($365,000)) $369,000 may be expended for school district emergencies;
(d) A maximum of $485,000 each fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs; and
(e) $394,000 of the general fund--state appropriation for fiscal year 2006 and (($787,000)) $1,647,200 of the general fund--state appropriation for fiscal year 2007 are provided solely for incentive grants to encourage school districts to increase enrollment in vocational skills centers. Up to $500 for each full-time equivalent student may be proportionally distributed to a school district or school districts increasing skills centers enrollment above the levels in the 2004-05 school year. The office of the superintendent of public instruction shall develop criteria for awarding incentive grants pursuant to this subsection. ((The total amount allocated pursuant to this subsection shall be limited to $1,181,000 for the 2005-07 biennium.)) Funds provided in this subsection shall first be expended to provide incentive grants to school districts that increase skills center enrollment during the school year. If funds are available after making these allocations, funds may be distributed for: (i) Increasing enrollment including allowing up to an additional .2 full time equivalent student enrollment at skills centers; and (ii) capacity of summer vocational programs at the skills centers.
(10) For purposes of RCW 84.52.0531, the increase per full-time equivalent student is 5.2 percent from the 2004-05 school year to the 2005-06 school year and ((3.4)) 5.2 percent from the 2005-06 school year to the 2006-07 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. 503. 2005 c 518 s 503 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION.
(1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:
(a) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP Document 1Sb; and
(b) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12E.
(2) For the purposes of this section:
(a) "LEAP Document 1Sb" means the computerized tabulation establishing staff mix factors for certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on ((March 18, 2005, at 10:00)) February 19, 2006, at 21:30 hours; and
(b) "LEAP Document 12E" means the computerized tabulation of 2005-06 and 2006-07 school year salary allocations for certificated administrative staff and classified staff and derived and total base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on ((April 6, 2005, at 10:00)) February 19, 2006, at 21:30 hours.
(3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of ((10.26)) 10.57 percent for school year 2005-06 and ((11.26)) 11.09 percent for school year 2006-07 for certificated staff and for classified staff ((11.07)) 10.57 percent for school year 2005-06 and ((12.32)) 11.58 percent for the 2006-07 school year.
(4)(a) Pursuant to RCW 28A.150.410, the following state-wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:
K-12 Salary Allocation Schedule For Certificated Instructional Staff |
||||||||||
2005-06 School Year |
||||||||||
Years of |
|
|
|
|
|
|
|
|
|
MA+90 |
Service |
|
BA |
BA+15 |
BA+30 |
BA+45 |
BA+90 |
BA+135 |
MA |
MA+45 |
or PHD |
0 |
|
30,383 |
31,204 |
32,054 |
32,906 |
35,640 |
37,401 |
36,426 |
39,161 |
40,924 |
1 |
|
30,792 |
31,624 |
32,485 |
33,375 |
36,137 |
37,889 |
36,831 |
39,594 |
41,345 |
2 |
|
31,181 |
32,022 |
32,892 |
33,850 |
36,605 |
38,375 |
37,239 |
39,994 |
41,764 |
3 |
|
31,583 |
32,431 |
33,311 |
34,299 |
37,049 |
38,861 |
37,626 |
40,373 |
42,187 |
4 |
|
31,977 |
32,862 |
33,747 |
34,770 |
37,536 |
39,361 |
38,031 |
40,796 |
42,623 |
5 |
|
32,384 |
33,273 |
34,167 |
35,247 |
38,002 |
39,864 |
38,442 |
41,199 |
43,061 |
6 |
|
32,802 |
33,672 |
34,596 |
35,729 |
38,472 |
40,344 |
38,864 |
41,607 |
43,478 |
7 |
|
33,536 |
34,420 |
35,356 |
36,551 |
39,334 |
41,258 |
39,655 |
42,437 |
44,362 |
8 |
|
34,612 |
35,543 |
36,502 |
37,796 |
40,616 |
42,611 |
40,899 |
43,720 |
45,714 |
9 |
|
|
36,707 |
37,713 |
39,054 |
41,940 |
44,002 |
42,156 |
45,044 |
47,106 |
10 |
|
|
|
38,938 |
40,376 |
43,301 |
45,432 |
43,479 |
46,405 |
48,535 |
11 |
|
|
|
|
41,737 |
44,726 |
46,900 |
44,840 |
47,830 |
50,003 |
12 |
|
|
|
|
43,055 |
46,189 |
48,428 |
46,255 |
49,292 |
51,532 |
13 |
|
|
|
|
|
47,688 |
49,993 |
47,720 |
50,791 |
53,096 |
14 |
|
|
|
|
|
49,194 |
51,618 |
49,227 |
52,396 |
54,721 |
15 |
|
|
|
|
|
50,474 |
52,961 |
50,507 |
53,758 |
56,144 |
16 or more |
|
|
|
51,483 |
54,019 |
51,517 |
54,833 |
57,266 |
||
((K-12 Salary Allocation Schedule For Certificated Instructional Staff |
||||||||||
2006-07 School Year |
||||||||||
Years of |
|
|
|
|
|
|
|
|
|
MA+90 |
Service |
|
BA |
BA+15 |
BA+30 |
BA+45 |
BA+90 |
BA+135 |
MA |
MA+45 |
or PHD |
0 |
|
30,900 |
31,735 |
32,599 |
33,466 |
36,247 |
38,038 |
37,046 |
39,827 |
41,620 |
1 |
|
31,316 |
32,162 |
33,038 |
33,942 |
36,752 |
38,534 |
37,458 |
40,268 |
42,048 |
2 |
|
31,712 |
32,566 |
33,451 |
34,426 |
37,228 |
39,028 |
37,873 |
40,674 |
42,475 |
3 |
|
32,121 |
32,983 |
33,878 |
34,883 |
37,679 |
39,523 |
38,266 |
41,060 |
42,905 |
4 |
|
32,521 |
33,421 |
34,321 |
35,362 |
38,174 |
40,031 |
38,678 |
41,491 |
43,348 |
5 |
|
32,935 |
33,840 |
34,748 |
35,846 |
38,649 |
40,543 |
39,097 |
41,900 |
43,794 |
6 |
|
33,360 |
34,245 |
35,185 |
36,337 |
39,127 |
41,031 |
39,526 |
42,315 |
44,218 |
7 |
|
34,107 |
35,005 |
35,957 |
37,173 |
40,003 |
41,960 |
40,330 |
43,159 |
45,116 |
8 |
|
35,201 |
36,148 |
37,123 |
38,439 |
41,307 |
43,336 |
41,594 |
44,464 |
46,492 |
9 |
|
|
37,332 |
38,355 |
39,718 |
42,654 |
44,751 |
42,873 |
45,810 |
47,908 |
10 |
|
|
|
39,601 |
41,063 |
44,038 |
46,205 |
44,219 |
47,194 |
49,361 |
11 |
|
|
|
|
42,448 |
45,487 |
47,698 |
45,603 |
48,644 |
50,853 |
12 |
|
|
|
|
43,788 |
46,975 |
49,252 |
47,042 |
50,131 |
52,409 |
13 |
|
|
|
|
|
48,499 |
50,844 |
48,532 |
51,655 |
54,000 |
14 |
|
|
|
|
|
50,031 |
52,496 |
50,065 |
53,287 |
55,652 |
15 |
|
|
|
|
|
51,333 |
53,862 |
51,366 |
54,673 |
57,099 |
16 or more |
|
|
|
52,359 |
54,938 |
52,393 |
55,766 |
58,241)) |
||
K-12 Salary Allocation Schedule For Certificated Instructional Staff |
||||||||||
2006-07 School Year |
||||||||||
Years of |
|
|
|
|
|
|
|
|
|
MA+90 |
Service |
|
BA |
BA+15 |
BA+30 |
BA+45 |
BA+90 |
BA+135 |
MA |
MA+45 |
or PHD |
0 |
|
31,233 |
32,077 |
32,951 |
33,827 |
36,637 |
38,448 |
37,446 |
40,257 |
42,069 |
1 |
|
31,653 |
32,509 |
33,394 |
34,308 |
37,148 |
38,949 |
37,862 |
40,702 |
42,502 |
2 |
|
32,054 |
32,917 |
33,812 |
34,797 |
37,629 |
39,448 |
38,281 |
41,113 |
42,932 |
3 |
|
32,467 |
33,338 |
34,243 |
35,259 |
38,086 |
39,949 |
38,678 |
41,503 |
43,367 |
4 |
|
32,871 |
33,782 |
34,691 |
35,743 |
38,586 |
40,463 |
39,095 |
41,938 |
43,816 |
5 |
|
33,290 |
34,204 |
35,123 |
36,233 |
39,065 |
40,980 |
39,518 |
42,352 |
44,266 |
6 |
|
33,719 |
34,614 |
35,564 |
36,729 |
39,548 |
41,473 |
39,952 |
42,771 |
44,694 |
7 |
|
34,475 |
35,383 |
36,345 |
37,574 |
40,435 |
42,412 |
40,764 |
43,624 |
45,603 |
8 |
|
35,580 |
36,538 |
37,523 |
38,853 |
41,753 |
43,803 |
42,043 |
44,943 |
46,993 |
9 |
|
35,580 |
37,734 |
38,768 |
40,146 |
43,113 |
45,234 |
43,335 |
46,304 |
48,424 |
10 |
|
35,580 |
37,734 |
40,028 |
41,506 |
44,512 |
46,703 |
44,696 |
47,703 |
49,893 |
11 |
|
35,580 |
37,734 |
40,028 |
42,905 |
45,977 |
48,212 |
46,095 |
49,168 |
51,401 |
12 |
|
35,580 |
37,734 |
40,028 |
44,260 |
47,481 |
49,783 |
47,549 |
50,671 |
52,973 |
13 |
|
35,580 |
37,734 |
40,028 |
44,260 |
49,022 |
51,392 |
49,055 |
52,212 |
54,582 |
14 |
|
35,580 |
37,734 |
40,028 |
44,260 |
50,570 |
53,062 |
50,604 |
53,862 |
56,252 |
15 |
|
35,580 |
37,734 |
40,028 |
44,260 |
51,886 |
54,442 |
51,920 |
55,262 |
57,715 |
16 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
17 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
18 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
19 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
20 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
21 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
22 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
23 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
24 |
|
35,580 |
37,734 |
40,028 |
44,260 |
52,923 |
55,530 |
52,958 |
56,367 |
58,869 |
25 |
|
35,936 |
38,111 |
40,428 |
44,703 |
53,452 |
56,085 |
53,488 |
56,931 |
59,458 |
(b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.
(c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:
(i) Credits earned since receiving the masters degree; and
(ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.
(5) For the purposes of this section:
(a) "BA" means a baccalaureate degree.
(b) "MA" means a masters degree.
(c) "PHD" means a doctorate degree.
(d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction.
(e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 and 28A.415.023.
(6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:
(a) The employee has a masters degree; or
(b) The credits were used in generating state salary allocations before January 1, 1992.
(7) The certificated instructional staff base salary specified for each district in LEAP Document 12E and the salary schedules in subsection (4)(a) of this section include two learning improvement days for the 2005-06 school year and two learning improvement days for 2006-07 school year. A school district is eligible for the learning improvement day funds only if the learning improvement days have been added to the 180- day contract year. If fewer days are added, the additional learning improvement allocation shall be adjusted accordingly. The additional days shall be limited to specific activities identified in the state required school improvement plan related to improving student learning that are consistent with education reform implementation, and shall not be considered part of basic education. The principal in each school shall assure that the days are used to provide the necessary school- wide, all staff professional development that is tied directly to the school improvement plan. The school principal and the district superintendent shall maintain documentation as to their approval of these activities. The length of a learning improvement day shall not be less than the length of a full day under the base contract. The superintendent of public instruction shall ensure that school districts adhere to the intent and purposes of this subsection.
(8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2) and subsection (7) of this section.
Sec. 504. 2005 c 518 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund--State Appropriation (FY 2006). . (($73,981,000))
$74,349,000
General Fund--State Appropriation (FY 2007). (($186,968,000))
$226,286,000
Education Legacy Trust Account--State Appropriation.$470,000
General Fund--Federal Appropriation. . . . . . . . . . . .(($864,000))
$990,000
TOTAL APPROPRIATION. .(($262,283,000))
$302,095,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($135,669,000)) $171,920,000 is provided for a cost of living adjustment of 1.2 percent effective September 1, 2005, and another ((1.7)) 2.8 percent effective September 1, 2006, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates of ((10.26)) 10.57 percent for the 2005-06 school year and ((11.26)) 11.09 percent for the 2006-07 school year for certificated staff and ((11.07)) 10.57 percent for the 2005-06 school year and ((12.32)) 11.58 percent for the 2006-07 school year 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. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 502 and 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 502 and 503 of this act.
(b) The appropriations in this section provide cost of living and incremental fringe benefit allocations based on formula adjustments as follows:
|
School Year |
|||
|
2005-06 |
2006-07 |
||
Pupil Transportation (per weighted pupil mile) |
(($0.28)) $0.27 |
|
(($0.68)) $0.93 |
|
Highly Capable (per formula student) |
$2.96 |
|
(($7.26)) $10.01 |
|
Transitional Bilingual Education (per eligible bilingual student) |
(($7.92)) $7.94 |
|
(($19.44)) $26.81 |
|
Learning Assistance (per formula student) |
$1.69 |
|
(($4.14)) $5.71 |
|
(c) The appropriations in this section include $251,000 for fiscal year 2006 and (($676,000)) $915,000 for fiscal year 2007 for salary increase adjustments for substitute teachers.
(2) (($126,614,000)) $129,949,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $582.47 per month for the 2005-06 and 2006-07 school years. The appropriations in this section provide for a rate increase to $629.07 per month for the 2005-06 school year and (($679.39)) $682.54 per month for the 2006-07 school year. The adjustments to health insurance benefit allocations are at the following rates:
|
School Year |
|||
|
2005-06 |
2006-07 |
||
Pupil Transportation (per weighted pupil mile) |
$0.42 |
|
(($0.88)) $0.91 |
|
Highly Capable (per formula student) |
(($2.89)) $2.88 |
|
(($5.97)) $6.16 |
|
Transitional Bilingual Education (per eligible bilingual student) |
$7.54 |
|
(($15.69)) $16.20 |
|
Learning Assistance (per formula student) |
$1.49 |
|
(($3.11)) $3.21 |
|
(3) The rates specified in this section are subject to revision each year by the legislature.
Sec. 505. 2005 c 518 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund--State Appropriation (FY 2006). (($242,170,000))
$247,541,000
General Fund--State Appropriation (FY 2007). (($248,575,000))
$252,607,000
TOTAL APPROPRIATION. . . . . . . . . . . . (($490,745,000))
$500,148,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) A maximum of $796,000 of this fiscal year 2006 appropriation and a maximum of (($812,000)) $828,000 of the fiscal year 2007 appropriation may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.
(3) $5,000 of the fiscal year 2006 appropriation and $5,000 of the fiscal year 2007 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 (($41.51)) $42.52 per weighted mile in the 2005-06 school year and (($42.01)) $42.11 per weighted mile in the 2006-07 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Included in the 2005-06 school year rate is a one-time increase of $1.12 to offset extraordinary increases in the price of diesel fuel. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.
(5) For busses purchased between July 1, 2005, and June 30, 2007, the office of superintendent of public instruction shall provide reimbursement funding to a school district only after the superintendent of public instruction determines that the school bus was purchased from the list established pursuant to RCW 28A.160.195(2) or a comparable competitive bid process based on the lowest price quote based on similar bus categories to those used to establish the list pursuant to RCW 28A.160.195. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts.
(6) Beginning with the 2005-06 school year, the superintendent of public instruction shall base depreciation payments for school district buses on the five-year average of lowest bids in the appropriate category of bus. In the final year on the depreciation schedule, the depreciation payment shall be based on the current state price. The superintendent may include a weighting or other adjustment factor in the averaging formula to ease the transition from the current-price depreciation system to the average depreciation system. Prior to making any depreciation payment in the 2005-06 school year, the superintendent shall notify the office of financial management and the fiscal committees of the legislature of the specific depreciation formula to be used. The replacement cost shall be based on the lowest bid in the appropriate bus category for that school year. A maximum of $50,000 of the fiscal year 2006 appropriation may be expended for software programming costs associated with the implementation of this subsection.
Sec. 506. 2005 c 518 s 506 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS
General Fund--State Appropriation (FY 2006). . . . . .$3,147,000
General Fund--State Appropriation (FY 2007). . . . . .$3,159,000
General Fund--Federal Appropriation. . . . . . . . (($288,774,000))
$270,423,000
TOTAL APPROPRIATION. .(($295,080,000))
$276,729,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,000,000 of the general fund--state appropriation for fiscal year 2006 and $3,000,000 of the general fund--state appropriation for fiscal year 2007 are provided for state matching money for federal child nutrition programs.
(2) $100,000 of the general fund--state appropriation for fiscal year 2006 and $100,000 of the 2007 fiscal year appropriation are provided for summer food programs for children in low-income areas.
(3) $47,000 of the general fund--state appropriation for fiscal year 2006 and $59,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to reimburse school districts for school breakfasts served to students enrolled in the free or reduced price meal program pursuant to House Bill No. 1771 (requiring school breakfast programs in certain schools). If House Bill No. 1771 is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
Sec. 507. 2005 c 518 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2006). (($460,032,000))
$466,686,000
General Fund--State Appropriation (FY 2007). (($471,961,000))
$480,522,000
General Fund--Federal Appropriation. . . . . . . . (($435,464,000))
$435,634,000
TOTAL APPROPRIATION(($1,367,457,000))
$1,382,842,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.
(2)(a) The superintendent of public instruction shall use the excess cost methodology developed and implemented for the 2001-02 school year using the S-275 personnel reporting system and all related accounting requirements to ensure that:
(i) Special education students are basic education students first;
(ii) As a class, special education students are entitled to the full basic education allocation; and
(iii) Special education students are basic education students for the entire school day.
(b) The S-275 and accounting changes in effect since the 2001-02 school year shall supercede any prior excess cost methodologies and shall be required of all school districts.
(3) Each fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(4) The superintendent of public instruction shall distribute state and federal funds to school districts based on two categories: The optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.
(5)(a) For the 2005-06 and 2006-07 school years, the superintendent shall make allocations to each district based on the sum of:
(i) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and
(ii) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (6)(b) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.
(b) For purposes of this subsection, "average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 and shall not include enhancements, secondary vocational education, or small schools.
(6) The definitions in this subsection apply throughout this section.
(a) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).
(b) "Enrollment percent" means the district's resident special education annual average enrollment, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.
Each district's general fund--state funded special education enrollment shall be the lesser of the district's actual enrollment percent or 12.7 percent.
(7) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with subsection (6)(b) of this section, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(8) To the extent necessary, $18,940,000 of the general fund--state appropriation and (($28,698,000)) $29,081,000 of the general fund--federal appropriation are provided for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided in subsection (5) of this section. If safety net awards exceed the amount appropriated in this subsection (8), the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
(a) The committee shall consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
(d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.
(e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
(9) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
(10) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
(a) One staff from the office of superintendent of public instruction;
(b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and
(c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
(11) 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 maximum of $100,000 of the general fund--federal appropriation shall be expended to create a special education ombudsman program within the office of superintendent of public instruction. The purpose of the program is to provide support to parents, guardians, educators, and students with disabilities. The program will provide information to help families and educators understand state laws, rules, and regulations, and access training and support, technical information services, and mediation services. The ombudsman program will provide data, information, and appropriate recommendations to the office of superintendent of public instruction, school districts, educational service districts, state need projects, and the parent and teacher information center.
(14) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.
(15) A maximum of $1,200,000 of the general fund--federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services.
(16) $1,400,000 of the general fund--federal appropriation shall be expended for one-time grants to school districts for the start-up costs of implementing web-based programs that assist schools in meeting state and federal requirements regarding individualized education plans.
(17) The superintendent, consistent with the new federal IDEA reauthorization, shall continue to educate school districts on how to implement a birth-to-three program and review the cost effectiveness and learning benefits of early intervention.
(18) A school district may carry over from one year to the next year up to 10 percent of the general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.
(19) $1,874,000 of the general fund--state appropriation for fiscal year 2006 and $1,874,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for additional allocations to address extraordinary costs in the 2005-06 and 2006-07 school years resulting from the concentration of high-needs students in staffed residential home placements licensed by the department of social and health services.
(a) The superintendent shall provide school districts with an allocation for each public school student in that district who has a properly formulated individualized education program and who resides in a staffed residential home licensed by the department of social and health services. The allocation is an amount equal to the difference between the statewide average per-pupil general apportionment allocation and the eligibility threshold for receiving a state-funded safety net grant for the extraordinary high cost needs of an individual student receiving special education services.
(b) In addition to the allocation in (a) of this subsection (19), the superintendent shall provide districts with a concentration allocation if the district's concentration of students who have properly formulated individualized education programs, who live in staffed residential homes, and who were originally placed by the division of developmental disabilities exceeds 1.5 per 1000 FTEs. For such districts, the superintendent shall provide a concentration allocation for each student who lives in a staffed residential home and has a properly formulated individualized education program. The concentration allocation is equal to the difference between the eligibility threshold for receiving a state-funded safety net allocation for the extraordinary high cost needs of an individual special education student and three times the statewide average per-pupil expenditure.
(c) The additional allocations in this subsection (19) are provided in lieu of special education excess cost funding for these students.
(d) In addition, school districts are eligible to pursue safety net funding beyond these additional allocations so that where districts demonstrate eligibility for safety net funding the combined basic education allocation, additional allocations in (a) and (b) of this subsection (19), and safety net grants recognize the high cost of serving staffed residential home students concentrated in a few school districts through state licensing of staffed residential home placements.
(e) For purposes of this subsection (19), "staffed residential home" means a home licensed by the department of social and health services to provide twenty-four hour care for six or fewer children or expectant mothers, which employs staff to care for them.
Sec. 508. 2005 c 518 s 508 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund--State Appropriation (FY 2006). . . (($3,694,000))
$3,691,000
General Fund--State Appropriation (FY 2007). . . (($3,724,000))
$3,711,000
TOTAL APPROPRIATION. . . .(($7,418,000))
$7,402,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
(2) The educational service districts, at the request of the state board of education pursuant to RCW 28A.310.010 and 28A.310.340, may receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.
Sec. 509. 2005 c 518 s 509 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund--State Appropriation (FY 2006). (($174,465,000))
$173,153,000
General Fund--State Appropriation (FY 2007). (($182,702,000))
$186,144,000
TOTAL APPROPRIATION. .(($357,167,000))
$359,297,000
Sec. 510. 2005 c 518 s 510 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2006). . (($19,084,000))
$18,078,000
General Fund--State Appropriation (FY 2007). . (($19,673,000))
$18,237,000
TOTAL APPROPRIATION. . .(($38,757,000))
$36,315,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.
(4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.
(5) (($219,000)) $236,000 of the general fund--state appropriation for fiscal year 2006 and (($219,000)) $236,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.
(6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.
Sec. 511. 2005 c 518 s 511 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund--State Appropriation (FY 2006). . . (($6,860,000))
$6,900,000
General Fund--State Appropriation (FY 2007). . . (($6,926,000))
$6,974,000
TOTAL APPROPRIATION. . .(($13,786,000))
$13,874,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of (($347.24)) $347.93 per funded student for the 2005-06 school year and (($349.48)) $349.10 per funded student for the 2006-07 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.
(3) $170,000 of the fiscal year 2006 appropriation and $170,000 of the fiscal year 2007 appropriation are provided for the centrum program at Fort Worden state park.
(4) $90,000 of the fiscal year 2006 appropriation and $90,000 of the fiscal year 2007 appropriation are provided for the Washington destination imagination network and future problem-solving programs.
Sec. 512. 2005 c 518 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund--State Appropriation (FY 2006). . (($43,076,000))
$45,212,000
General Fund--State Appropriation (FY 2007). . (($40,427,000))
$51,767,000
General Fund--Federal Appropriation. . . . . . . . (($123,345,000))
$147,799,000
TOTAL APPROPRIATION. .(($206,848,000))
$244,778,000
The appropriations in this section are subject to the following conditions and limitations:
(1) ASSESSMENT
(($19,810,000)) $21,180,000 of the general fund--state appropriation for fiscal year 2006, (($16,105,000)) $20,449,000 of the general fund--state appropriation for fiscal year 2007, and (($16,111,000)) $18,560,000 of the general fund--federal appropriation are provided solely for development and implementation of the Washington assessments of student learning (WASL), including development and implementation of retake assessments for high school students who are not successful in one or more content areas of the WASL and development of alternative assessments or appeals procedures to implement the certificate of academic achievement. The superintendent of public instruction shall report quarterly on the progress on development of alternative assessments or appeals procedures. Within these amounts, the superintendent of public instruction shall contract for the early return of 10th grade student WASL results, on or around June 10th of each year. $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to (a) investigate the use of existing mathematics assessments in languages other than English as possible means of measuring tenth grade essential academic learnings and standards, including examining the content and rigor of the assessments as well as their reliability and validity; (b) estimate the cost of translating the tenth grade mathematics WASL into other languages and scoring these assessments should they be implemented; and (c) develop recommendations for (a) and (b) of this subsection. Funds provided in this section are sufficient to implement section 5 of Engrossed Second Substitute House Bill No. 2785 (alternative assessment options).
(2) MATH REMEDIATION
The purpose of this subsection (2) is to strengthen high school student performance in meeting the state standards in mathematics.
(a) Included in the general fund--state amounts provided in subsection (1) of this section is $2,350,000 which is provided solely for the development of a new tenth grade mathematics assessment tool that: (i) Presents the mathematics essential learnings in segments for assessment; (ii) is comparable in content and rigor to the tenth grade mathematics WASL when all segments are considered together; (iii) is reliable and valid; and (iv) can be used to determine a student's academic performance level.
(b) $110,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the development of WASL knowledge and skill learning modules to assist students performing at tenth grade Level 1 in mathematics.
(c) $330,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for development of mathematics knowledge and skill learning modules to teach middle and high school students specific skills that have been identified as areas of difficulty for tenth grade students. The office of the superintendent of public instruction shall develop materials for classroom use and for tutorial learning activities.
(d) $600,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for development of web-based applications of the curriculum and materials produced under (b) and (c) of this subsection as well as mathematics knowledge and skill modules and materials previously developed by the office of the superintendent of public instruction. The products are to be designed as on-line courses for students needing Level 1 instruction; learning modules accessible to classroom teachers for incorporation into classroom instruction; tutorials that can be used as WASL assessment skill refreshers and as tutor-guided and parent-guided learning modules; and on-line practice WASLs with supporting item scoring information and student response examples.
(e) $1,327,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Substitute House Bill No. 3127 (education). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(f) $500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of section 4(5) of Engrossed Substitute Senate Bill No. 6255 (student-centered planning) or section 6(5) of Engrossed Second Substitute House Bill No. 2489 (assistance to students) regarding reimbursement of diagnostic assessments.
(3) PROFESSIONAL DEVELOPMENT
(a) $548,000 of the fiscal year 2006 general fund--state appropriation and $548,000 of the fiscal year 2007 general fund--state appropriation are provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
(b) $2,348,000 of the general fund--state appropriation for fiscal year 2006 and $2,348,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260, and for a mentor academy. Up to $200,000 of the amount in this subsection may be used each fiscal year to operate a mentor academy to help districts provide effective training for peer mentors. Funds for the teacher assistance program shall be allocated to school districts based on the number of first year beginning teachers.
(c) $705,000 of the general fund--state appropriation for fiscal year 2006 and $705,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the leadership internship program for superintendents, principals, and program administrators.
(d) (($3,010,000)) $3,095,000 of the general fund--state appropriation for fiscal year 2006 and (($4,018,000)) $4,643,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for salary bonuses and mandatory fringe benefits for teachers who attain certification by the national board for professional teaching standards, subject to the following conditions and limitations:
(i) Teachers who hold a valid certificate from the national board during the 2005-06 or 2006-07 school years shall receive an annual bonus not to exceed $3,500 in each of these school years in which they hold a national board certificate.
(ii) The annual bonus shall be paid in a lump sum amount and shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).
(e) (($90,399,000)) $98,761,000 of the general fund--federal appropriation is provided for preparing, training, and recruiting high quality teachers and principals under Title II of the no child left behind act.
(((3))) (4) SCHOOL IMPROVEMENT
(a) $338,000 of the general fund--state appropriation for fiscal year 2006 and $338,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (i) Development of an individualized professional growth plan for a new principal or principal candidate; and (ii) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan. Within the amounts provided, $25,000 per year shall be used to support additional participation of secondary principals.
(b) $3,046,000 of the general fund--state appropriation for fiscal year 2006 and $3,046,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to the office of the superintendent of public instruction for focused assistance. The office of the superintendent of public instruction shall conduct educational audits of low-performing schools and enter into performance agreements between school districts and the office to implement the recommendations of the audit and the community. Each educational audit shall include recommendations for best practices and ways to address identified needs and shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.
(c) $1,000,000 of the general fund--state appropriation for fiscal year 2006 and $1,000,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for a high school and school district improvement program modeled after the office of the superintendent of public instruction's existing focused assistance program in (b) of this subsection. The state funding for this improvement program will match an equal amount committed by a nonprofit foundation in furtherance of a jointly funded program.
(d) A maximum of $250,000 of the general fund--state appropriation for fiscal year 2006 and a maximum of $250,000 of the general fund--state appropriation for fiscal year 2007 are provided for summer accountability institutes offered by the superintendent of public instruction. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, social studies, including civics, and guidance and counseling. The superintendent of public instruction shall emphasize issues of high school reform and mathematics instruction when offering summer institute programs supported by funds provided in this subsection.
(e) $515,000 of the general fund--state appropriation for fiscal year 2006 and $515,000 of the general fund--state appropriation for fiscal year 2007 are provided for the evaluation of reading and mathematics textbooks, other instructional materials, and diagnostic tools to determine the extent to which they are aligned with the state standards. A scorecard of the analysis shall be made available to school districts. The superintendent shall also develop and disseminate information on essential components of comprehensive, school-based math and reading programs and shall develop and disseminate grade level expectations for reading and math which shall include professional development modules and web-based materials.
(f) $1,764,000 of the general fund--state appropriation for fiscal year 2006 and $1,764,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the mathematics helping corps subject to the following conditions and limitations:
(i) In order to increase the availability and quality of technical mathematics assistance statewide, the superintendent of public instruction shall employ mathematics school improvement specialists to provide assistance to schools and districts. The specialists shall be hired by and work under the direction of a statewide school improvement coordinator. The mathematics improvement specialists shall not be permanent employees of the superintendent of public instruction.
(ii) The school improvement specialists shall provide the following:
(A) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
(B) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;
(C) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;
(D) Assistance in the identification and implementation of research-based instructional practices in mathematics;
(E) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;
(F) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and
(G) Other assistance to schools and school districts intended to improve student mathematics learning.
(g) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the improvement of reading achievement and implementation of research-based reading models. The superintendent shall evaluate reading curriculum programs and other instructional materials to determine the extent to which they are aligned with state standards. A report of the analyses shall be made available to school districts. The superintendent shall report to districts the assessments that are available to screen and diagnose reading difficulties, and shall provide training on how to implement a reading assessment system. Resources may also be used to disseminate grade level expectations and develop professional development modules and web-based materials.
(h) (($16,758,000)) $30,401,000 of the general fund--federal appropriation is provided for the reading first program under Title I of the no child left behind act.
(((4))) (5) STUDENT SUPPORTS
(a) $2,500,000 of the general fund--state appropriation for fiscal year 2006 and (($2,500,000)) $4,500,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155 to eliminate the co-pay for students eligible for reduced price lunch eating breakfast, and to provide additional assistance for school districts to initiate a summer food service program.
(b) $125,000 of the general fund--state appropriation for fiscal year 2006 ((and $125,000 of the general fund--state appropriation for fiscal year 2007 are)) is provided solely for an early reading grant program for community-based initiatives that develop prereading and early reading skills through parental and community involvement, public awareness, coordination of resources, and partnerships with local school districts. Grant awards shall include funding for one-time start up costs for local affiliates and a one-time partial payment of school district dues to local affiliates of up to 30 percent of the per student dues amount. Grant applications shall include:
(i) Strategies for parental involvement emphasizing ages birth to five and outreach to diverse communities;
(ii) Evidence of collaboration with, and support from, local school districts, and how the activities funded in the grant are complementary to the reading improvement efforts of local school districts;
(iii) A plan for community participation and coordination of resources including in-kind and financial support by public and private sector partners;
(iv) Measurable goals and evaluation methodology to determine impact;
(v) Integration of reading strategies from the Washington state early learning and development benchmarks;
(vi) A plan for marketing and public relations;
(vii) Strategies for sustaining the program when grant funding is no longer available; and
(viii) Evidence of district commitment to reading improvement, aligned curriculum, progress monitoring, and time-on-task.
(c) $850,000 of the general fund--state appropriation for fiscal year 2006 and $850,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington reading corps. The superintendent shall allocate reading corps members to low-performing schools and school districts that are implementing comprehensive, proven, research-based reading programs. Two or more schools may combine their Washington reading corps programs. Grants provided under this section may be used by school districts for expenditures from September 2005 through August 31, 2007.
(d) $3,594,000 of the general fund--state appropriation for fiscal year 2006 and $3,594,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.
(((5))) (6) TECHNOLOGY
(a) $1,959,000 of the general fund--state appropriation for fiscal year 2006 and $1,959,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW. The superintendent of public instruction shall coordinate a process to facilitate the evaluation and provision of online curriculum courses to school districts which includes the following: Creation of a general listing of the types of available online curriculum courses; a survey conducted by each regional educational technology support center of school districts in its region regarding the types of online curriculum courses desired by school districts; a process to evaluate and recommend to school districts the best online courses in terms of curriculum, student performance, and cost; and assistance to school districts in procuring and providing the courses to students.
(b) $126,000 of the general fund--state appropriation for fiscal year 2006 and $126,000 of the general fund--state appropriation for fiscal year 2007 are provided for the development and posting of web-based instructional tools, assessment data, and other information that assists schools and teachers implementing higher academic standards.
(c) $500,000 of general fund--state appropriation for fiscal year 2007 is provided for the office of the superintendent of public instruction to hold a series of summit meetings to address issues related to closing the achievement gap in public schools.
Sec. 513. 2005 c 518 s 514 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund--State Appropriation (FY 2006). . (($59,673,000))
$58,205,000
General Fund--State Appropriation (FY 2007). . (($63,535,000))
$61,608,000
General Fund--Federal Appropriation. . . . . . . . . (($45,561,000))
$51,741,000
TOTAL APPROPRIATION. .(($168,769,000))
$171,554,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) The superintendent shall distribute a maximum of (($757.72)) $759.58 per eligible bilingual student in the 2005-06 school year and (($763.70)) $762.69 in the 2006-07 school year, exclusive of salary and benefit adjustments provided in section 504 of this act.
(3) The superintendent may withhold up to 1.5 percent of the school year allocations to school districts in subsection (2) of this section, and adjust the per eligible pupil rates in subsection (2) of this section accordingly, solely for the central provision of assessments as provided in RCW 28A.180.090 (1) and (2).
(4) $70,000 of the amounts appropriated in this section are provided solely to develop a system for the tracking of current and former transitional bilingual program students.
(5) The general fund--federal appropriation in this section is provided for migrant education under Title I Part C and English language acquisition, and language enhancement grants under Title III of the elementary and secondary education act.
Sec. 514. 2005 c 518 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2006). . (($65,434,000))
$65,018,000
General Fund--State Appropriation (FY 2007). . (($65,367,000))
$64,626,000
Education Legacy Trust Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,605,000
General Fund--Federal Appropriation. . . . . . . . (($343,227,000))
$348,351,000
TOTAL APPROPRIATION. .(($498,633,000))
$502,600,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state and education legacy trust account appropriations in this section are subject to the following conditions and limitations:
(a) The appropriations include such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(b) Funding for school district learning assistance programs shall be allocated at maximum rates of (($184.29)) $184.69 per funded student for the 2005-06 school year and (($186.03)) $186.32 per funded student for the 2006-07 school year exclusive of salary and benefit adjustments provided under section 504 of this act.
(c) A school district's funded students for the learning assistance program shall be the sum of the following as appropriate:
(i) The district's full-time equivalent enrollment in grades K-12 for the prior school year multiplied by the district's percentage of October headcount enrollment in grades K-12 eligible for free or reduced price lunch in the prior school year; and
(ii) If, in the prior school year, the district's percentage of October headcount enrollment in grades K-12 eligible for free or reduced price lunch exceeded forty percent, subtract forty percent from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the prior school year.
(d) In addition to amounts allocated in (b) and (c) of this subsection, an additional amount shall be allocated to a school district for each school year in which the district's allocation is less than the amount the district received for the general fund--state learning assistance program allocation in the 2004-05 school year. The amount of the allocation in this section shall be sufficient to maintain the 2004-05 school year allocation.
(2) Increases in a school district's allocation above the 2004-05 school year level shall be directed to grades nine through ((twelve)) ten. ((Districts are encouraged to offer remediation courses in the summer for students who fail the tenth grade WASL.))
(3) The general fund--federal appropriation in this section is provided for Title I Part A allocations of the no child left behind act of 2001.
(4) Small school districts are encouraged to make the most efficient use of the funding provided by using regional educational service district cooperatives to hire staff, provide professional development activities, and implement reading and mathematics programs consistent with research-based guidelines provided by the office of the superintendent of public instruction.
(5) A school district may carry over from one year to the next up to 10 percent of the general fund--state or education legacy trust funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.
(6) School districts are encouraged to coordinate the use of these funds with other federal, state, and local sources to serve students who are below grade level and to make efficient use of resources in meeting the needs of students with the greatest academic deficits.
NEW SECTION. Sec. 515. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--PROMOTING ACADEMIC SUCCESS
General Fund--State Appropriation (FY 2006). . . . . .$4,056,000
General Fund--State Appropriation (FY 2007). . . . .$26,201,000
TOTAL APPROPRIATION. . . . . .$30,257,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The amounts appropriated in this section are provided solely for remediation for students who have not met standard in one or more content areas of the WASL in the spring of their tenth grade year and on each retake thereafter. The funds may be used for extended learning activities, including summer school, before and after school, Saturday classes, skill seminars, assessment preparation, and in-school or out-of-school tutoring. Extended learning activities may occur on the school campus, via the internet, or at other locations and times that meet student needs. Funds allocated under this section shall not be considered basic education funding. Amounts allocated under this section shall fund new extended learning opportunities, and shall not supplant funding for existing programs and services.
(2) School district allocations for promoting academic success programs shall be calculated as follows:
(a) A portion of the district's student units shall be the number of content area assessments (reading, writing, and mathematics) on which students were more than one standard error of measurement from meeting standard on the Washington assessment of student learning for the current class of eleventh grade students.
(b) The other portion of the district's student units shall be the number of content area assessments (reading, writing, and mathematics) on which students were less than one standard error of measurement from meeting standard but did not meet standard on the Washington assessment of student learning for the current class of eleventh grade students. Districts with at least one but less than 20 student units combining the student units generated from this subsection and (a) of this subsection shall be counted as having 20 student units for the purposes of the allocations in (c) and (d)(A) of this subsection.
(c) Allocations for certificated instructional staff salaries and benefits shall be determined using formula-generated staff units calculated pursuant to this subsection. Ninety-four hours of certificated instructional staff units are allocated per 13.0 student units as calculated under (a) of this subsection and thirty-four hours of certificated instructional staff units are allocated per 13.0 student units as calculated under (b) of this subsection. Allocations for salaries and benefits for the staff units calculated under this subsection shall be calculated in the same manner as provided under section 503 of this act. Salary and benefit increase funding for staff units generated under this section is included in section 504 of this act.
(d) The legislature recognizes that some students in the class of 2007 may wish to retake the WASL even though it is not a graduation requirement. Accordingly, funding in this section provides certificated instructional staff units as described in (c) of this subsection for all students in the class of 2007 who register to retake the WASL and want remedial assistance.
(e) The legislature recognizes that professional development and planning for teachers is an important component of high quality extended learning activities. Accordingly, a one-time funding amount equal to 20 hours of certificated instructional staff units per 13.0 student units, as calculated in (a) and (b) of this subsection, is provided in this section to insure that extended learning activities are of high quality and aligned to the state's essential academic learning requirements.
(f) The following additional allocations are provided per student unit, as calculated in (a) of this subsection:
(A) $12.50 for maintenance, operations, and transportation;
(B) $12.00 for pre- and post-remediation assessments;
(C) $17.00 per reading remediation student unit;
(D) $8.00 per mathematics remediation student unit; and
(E) $8.00 per writing remediation student unit.
(g) Funding shall be provided for students served in promoting academic success programs beginning July 2006.
(h) The superintendent of public instruction shall distribute school year allocations according to the monthly apportionment schedule defined in RCW 28A.510.250.
(3) School districts shall report annually to the office of the superintendent of public instruction on the use of these funds, including the types of assistance selected by students, the number of students receiving each type of assistance, and the impact on WASL test scores.
(4) $1,500,000 of the general fund--state appropriation for fiscal year 2007 is provided for competitive innovation grants awarded to schools and school districts for implementing high school remediation programs that are unique in program delivery, program accessibility, program content, or a combination of these factors and that serve students who have not achieved success on the tenth grade WASL.
(5) School districts may carry over from one year to the next up to 20 percent of funds allocated under this program; however, carryover funds shall be expended for promoting academic success programs, and may be used to provide extended learning programs for students beyond their eleventh grade year who want continued remedial assistance to pass the WASL.
Sec. 516. 2005 c 518 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STUDENT ACHIEVEMENT PROGRAM
Student Achievement Account--State Appropriation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($629,356,000))
$630,537,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Funding for school district student achievement programs shall be allocated at a maximum rate of $300.00 per FTE student for the 2005-06 school year and $375.00 per FTE student for the 2006-07 school year. For the purposes of this section, FTE student refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year, as reported to the office of the superintendent of public instruction by August 31st of the previous school year.
(2) The appropriation is allocated for the following uses as specified in RCW 28A.505.210:
(a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
(c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
(d) To provide additional professional development for educators including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;
(e) To provide early assistance for children who need prekindergarten support in order to be successful in school; or
(f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection (2).
(3) The superintendent of public instruction shall distribute the school year allocation according to the monthly apportionment schedule defined in RCW 28A.510.250.
NEW SECTION. Sec. 517. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE DEPARTMENT OF EARLY LEARNING
General Fund--State Appropriation (FY 2006). . . . . . . $105,000
General Fund--State Appropriation (FY 2007). . . . .$32,775,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . $180,000
TOTAL APPROPRIATION. . . . . .$33,060,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $29,941,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for providing early childhood education assistance. Of this amount, $1,497,000 is provided solely to increase the number of children receiving education and $2,146,000 is provided solely for a targeted vendor rate increase.
(2) $525,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for an early reading grant program for community-based initiatives that develop prereading and early reading skills through parental and community involvement, public awareness, coordination of resources, and partnerships with local school districts. If Substitute House Bill No. 2836 (reading achievement account) is enacted by June 30, 2006, this amount shall be deposited in the reading achievement account. Grant awards shall include funding for one-time start up costs for local affiliates and a one-time partial payment of school district dues to local affiliates of up to 30 percent of the per student dues amount. Grant applications shall include:
(a) Strategies for parental involvement emphasizing ages birth to five and outreach to diverse communities;
(b) Evidence of collaboration with, and support from, local school districts, and how the activities funded in the grant are complementary to the reading improvement efforts of local school districts;
(c) A plan for community participation and coordination of resources including in-kind and financial support by public and private sector partners;
(d) Measurable goals and evaluation methodology to determine impact;
(e) Integration of reading strategies from the Washington state early learning and development benchmarks;
(f) A plan for marketing and public relations;
(g) Strategies for sustaining the program when grant funding is no longer available; and
(h) Evidence of district commitment to reading improvement, aligned curriculum, progress monitoring, and time-on-task.
(3) $1,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the child care career and wage ladder program created by chapter 507, Laws of 2005.
(4) $26,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Second Substitute House Bill No. 2353 (family child care providers). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(5) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for a child care consultation pilot program linking child care providers with evidence-based and best practice resources regarding caring for infants and young children who present behavioral concerns. The department shall contract with at least two entities that represent one of the following: A local child care resource and referral network; a local public health department; or a community-based organization with knowledge or expertise in child development and child care programs. Each contracted entity shall coordinate with its local community to develop a program model that incorporates the use of consultants knowledgeable in infant and early childhood development. At a minimum, these consultants shall: (a) Consult with parents and other caregivers in order to solve problems with individual children and families; (b) directly observe children in the child care setting; (c) provide support and guidance to child care staff through structured opportunities for training, team building, communication, and problem solving; and (d) coordinate with specialists in public health, infant and toddler early intervention, infant mental health, and other experts or practitioners involved with the care and well-being of young children. The department shall report to the appropriate policy committees of the legislature by December 1, 2006, on outcomes and evaluation data from the pilot program.
(6) If a bill creating the department of early learning is not enacted by June 30, 2006, the appropriations for the department of early learning in this section shall lapse and shall be appropriated as follows:
(a) FOR THE DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation (FY 2007). . . . .$29,941,000
This appropriation is provided solely for providing early childhood education assistance. Of this amount, $1,497,000 is provided solely to increase the number of children receiving education and $2,146,000 is provided solely for a targeted vendor rate increase.
(b) FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--STATE AGENCY OPERATIONS
General Fund--State Appropriations (FY 2007). . . . . . $525,000
This appropriation is provided solely for an early reading grant program for community-based initiatives that develop prereading and early reading skills through parental and community involvement, public awareness, coordination of resources, and partnerships with local school districts and shall be used in accordance with the requirements set forth in subsection (2) of this section.
(c) FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . .$1,276,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . $180,000
The appropriations in this subsection are subject to the following conditions and limitations:
(i) $180,000 of the general fund--federal appropriation is provided solely for the headstart--state collaboration office.
(ii) $1,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the child care career and wage ladder program created by chapter 507, Laws of 2005.
(iii) $26,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Engrossed Second Substitute House Bill No. 2353 (family child care providers). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(iv) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for a child care consultation pilot program linking child care providers with evidence-based and best practice resources regarding caring for infants and young children who present behavioral concerns and shall be used in accordance with the requirements set forth in subsection (5) of this section.
(d) The remainder of the appropriations in this section shall lapse.
(End of part)
PART VI
HIGHER EDUCATION
Sec. 601. 2005 c 518 s 602 (uncodified) is amended to read as follows:
(1) The appropriations in sections ((603)) 602 through ((609)) 608 of this act provide state general fund support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institutions assumed in this act.
|
|
2005-06 Annual Average |
|
2006-07 Annual Average |
|
University of Washington |
|
|
|
|
|
|
|
|
|
|
|
Main campus |
|
33,037 |
|
((33,217)) |
33,367 |
Bothell branch |
|
1,340 |
|
1,540 |
|
Tacoma branch |
|
1,644 |
|
1,869 |
|
|
|
|
|
|
|
Washington State University |
|
|
|
|
|
|
|
|
|
|
|
Main campus |
|
((18,695)) |
18,711 |
((18,910)) |
19,022 |
Tri-Cities branch |
|
675 |
|
700 |
|
Vancouver branch |
|
1,353 |
|
1,678 |
|
|
|
|
|
|
|
Central Washington University |
|
8,323 |
|
8,649 |
|
Eastern Washington University |
|
8,593 |
|
8,919 |
|
The Evergreen State College |
|
4,038 |
|
4,143 |
|
Western Washington University |
|
((11,559)) |
11,534 |
((11,729)) |
11,704 |
State Board for Community and Technical Colleges |
|
130,905 |
|
133,040 |
|
|
|
|
|
|
|
(2) For the state universities, the number of full-time equivalent student enrollments enumerated in this section for the branch campuses are the minimum required enrollment levels for those campuses. At the start of an academic year, the governing board of a state university may transfer full-time equivalent student enrollments from the main campus to one or more branch campus. Intent notice shall be provided to the office of financial management and reassignment of funded enrollment is contingent upon satisfying data needs of the forecast division who is responsible to track and monitor state-supported college enrollment.
Sec. 602. 2005 c 518 s 603 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund--State Appropriation (FY 2006). (($556,499,000))
$558,880,000
General Fund--State Appropriation (FY 2007). (($556,220,000))
$584,320,000
Administrative Contingency Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,950,000
Education Legacy Trust--State Appropriation. . . . . .$46,669,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,276,000
TOTAL APPROPRIATION(($1,172,338,000))
$1,194,095,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The technical colleges may increase tuition and fees in excess of the fiscal growth factor to conform with the percentage increase in community college operating fees.
(2) $539,000 of the general fund--state appropriation for fiscal year 2006 and $540,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the displaced homemakers program.
(3) Access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island, and Skagit counties. The higher education consortium created to serve the region has not been able to successfully address the region's access needs. The university center model of service delivery, centered on a community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.
Therefore, the management and leadership responsibility for consortium operations are assigned to Everett community college. Everett community college shall collaborate with community and business leaders, other local community colleges, the public four-year institutions of higher education, and the higher education coordinating board to develop an educational plan for the North Snohomish, Island, and Skagit county region based on the university center model.
(4) $50,000 of the general fund--state appropriation for fiscal year 2006 and $50,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for higher education student child care matching grants under chapter 28B.135 RCW.
(5) $28,761,000 of the general fund--state appropriation for fiscal year 2006 and $28,761,000 of the general fund--state appropriation for fiscal year 2007 are provided solely as special funds for training and related support services, including financial aid, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers). Funding is provided to support up to 6,200 full-time equivalent students in each fiscal year.
(6) $2,000,000 of the education legacy trust appropriation for fiscal year 2006 and $2,000,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for basic skills education at community and technical colleges and community-based providers. These funds may be used to align or integrate adult basic education and English as a second language courses with vocational training.
(7) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the community and technical colleges as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, the state board for community and technical colleges shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Increase the number of academic students who are eligible to transfer to baccalaureate institutions;
(b) Increase the number of students prepared for work; and
(c) Increase the number of basic skills students who demonstrate substantive skill gain.
Specific six-year targets for the goals stated in this subsection shall be established by the state board and the office of financial management and shall be determined based on the per student funding level assumed in this act.
The state board for community and technical colleges shall provide a summary of the progress and ongoing efforts toward meeting the provisions of this section to the governor and the appropriate fiscal and policy committees of the legislature prior to November 1, 2006.
(8) $11,070,000 of the education legacy trust appropriation for fiscal year 2006 and $22,599,000 of the education legacy trust appropriation for fiscal year 2007 are provided to increase budgeted enrollments by 2,050 student FTEs in academic year 2006 and an additional 2,135 student FTEs in academic year 2007. By December 15th of each year of the 2005-07 fiscal biennium, the board shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs enrolled with the funding provided in this subsection.
(9) $2,250,000 of the education legacy trust appropriation for fiscal year 2006 and $2,250,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely to increase salaries and related benefits for part-time faculty. A college district may match the state funds with local revenue. The board shall report by January 30, 2006, to the office of financial management and the appropriate fiscal and policy committees of the legislature on (a) the distribution of state funds, and (b) wage adjustments for part-time faculty.
(10) $2,250,000 of the education legacy trust appropriation for fiscal year 2006, $2,400,000 of the general fund--state appropriation for fiscal year 2007, and $2,250,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely for faculty salary increments and associated benefits and may be used in combination with salary and benefit savings from faculty turnover to provide salary increments and associated benefits for faculty who qualify through professional development and training. To the extent general salary increase funding is used to pay faculty increments, the general salary increase shall be reduced by the same amount. Beginning in fiscal year 2007, the state board shall determine the method of allocating to the community and technical colleges the appropriations granted for academic employee increments, provided that the amount of the appropriation attributable to the proportionate share of the part-time faculty salary base shall only be accessible for part-time faculty.
(11) $2,950,000 of the administrative contingency account--state appropriation is provided solely for administration and customized training contracts through the job skills program, which shall be made available broadly and not to the exclusion of private nonprofit baccalaureate degree granting institutions or vocational arts career schools operating in Washington state who partner with a firm, hospital, group, or industry association concerned with commerce, trade, manufacturing, or the provision of services to train current or prospective employees. The state board shall make an annual report by January 1 of each fiscal year to the governor and appropriate policy and fiscal committees of the legislature regarding the implementation of this section listing the scope of grant awards, the distribution of funds by educational sector and region of the state, and the successful partnerships supported by these state funds.
(12) $904,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for start-up and planning funds for four applied baccalaureate degree programs at community and technical colleges as authorized in RCW 28B.50.810. The applied baccalaureate degrees shall be specifically designed for individuals who hold associate of applied science degrees, or equivalent, in order to maximize application of their technical course credits toward the applied baccalaureate degree.
(13) $156,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for three community and technical college partnerships with universities as authorized in RCW 28B.50.820. This appropriation is in addition to funding provided for 2005-07 general growth enrollments. The community and technical college system shall serve 120 student FTEs in this program within the targeted enrollments established by section 601 of this act.
(14) $761,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(15) $5,075,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the opportunity grants pilot program as outlined in Engrossed Second Substitute House Bill No. 2630 (creating the opportunity grant program). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(16) $325,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement the provisions of Substitute House Bill No. 3113 (expanding access to higher education in north Snohomish, Island, and Skagit counties). This appropriation is in addition to funding provided for 2005-07 general growth enrollments. The community and technical college system shall serve 250 student FTEs in this program within the targeted enrollments established by section 601 of this act. If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(17) $1,400,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to permit system-level license purchasing of full text databases for certain fields of study, including allied health, information technology and engineering. Funding will provide uniform access to these databases across the community and technical college system.
(18) $150,000 of the general fund--state appropriation for fiscal year 2007 is provided solely as matching funds for strategic statewide partnerships with health care providers or facilities to address the health workforce shortage. Partnerships funded under this subsection may include efforts to increase the capacity of community and technical colleges to educate students enrolled in health professions programs, improve retention of health care workers, improve knowledge of the health industry workforce, and increase the number of youth and diverse populations in the health work force. Health care providers or facilities participating in partnerships under this subsection shall provide a one dollar match for each state dollar provided.
(19) $768,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement the provisions of Second Substitute House Bill No. 2583 (regarding community and technical college part-time academic employee health benefits). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(20) $150,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the fire fighter apprenticeship program at South Seattle Community College.
Sec. 603. 2005 c 518 s 604 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund--State Appropriation (FY 2006). (($336,644,000))
$337,629,000
General Fund--State Appropriation (FY 2007). (($344,118,000))
$355,314,000
General Fund--Private/Local Appropriation. . . . . . . . . .$300,000
Accident Account--State Appropriation. . . . . . . . .(($6,204,000))
$6,209,000
Medical Aid Account--State Appropriation. . . . . .(($6,141,000))
$6,143,000
Education Legacy Trust--State Appropriation. . . . . .$10,748,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$604,000
TOTAL APPROPRIATION. .(($704,155,000))
$716,947,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $165,000 of the general fund--state appropriation for fiscal year 2006 and $165,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.
(2) $300,000 of the general fund--private/local appropriation is provided solely for shellfish biotoxin monitoring as specified in chapter 263, Laws of 2003 (SSB 6073, shellfish license fee).
(3)(a) $3,057,000 of the education legacy trust appropriation for fiscal year 2006 and $7,691,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 360 new enrollments at the Seattle campus, 325 new enrollments at the Tacoma campus, and 275 new enrollments at the Bothell campus. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(b) $2,500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for 150 additional high-demand student enrollments. The university shall make it a priority to expand access to baccalaureate programs in engineering, math, and science. By December 15, 2006, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs enrolled with the funding provided in this subsection.
(4) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, the University of Washington shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that are ranked in the top twenty nationally;
(e) Sustain the quality of its research programs as measured by the national ranking for federal research grants received; and
(f) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(5) $200,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to assist the transition of University of Washington-Tacoma and University of Washington-Bothell from branch campuses serving upper-division students, to four-year campuses serving freshmen, sophomores, and upper-division students. Funds may be used to develop curricula, recruit new faculty, and expand student services. Consistent with the recommendations of the higher education coordinating board, UW-Tacoma and UW-Bothell may begin enrolling lower-division students beginning in fiscal year 2007.
(6) $30,000 of the general fund--state appropriation for fiscal year 2006 and $30,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for research on labor and economic issues in Washington state through the Harry Bridges center.
(7) $146,000 of the general fund--state appropriation for fiscal year 2006 and (($146,000)) $296,000 of the general fund--state appropriation for the fiscal year 2007 are provided solely to the Burke Museum to enhance the museum's public outreach capabilities.
(8) $125,000 of the general fund--state appropriation for fiscal year 2006 and $125,000 of the general fund--state appropriation for the fiscal year 2007 are provided solely to the institute for learning and brain sciences (ILABS) to develop a partnership, linking ILABS to policymakers, private sectors and user-groups.
(9) The University of Washington medical center shall provide inpatient and outpatient hospital services to offenders confined in department of corrections facilities at a rate no greater than the average rate that the department of corrections has negotiated with other community hospitals in Washington state.
(10) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Olympic natural resources center.
(11) $350,000 of the general fund--state appropriation for fiscal year 2006 and $350,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to maintain the autism center at the University of Washington-Tacoma campus. The facility will continue to function as a satellite facility to the autism center at the University of Washington medical center in Seattle and provide clinical service and professional training.
(12) $2,400,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for research in life science fields.
(13) $400,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for improvements to the Pacific Northwest seismic network.
(14) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for one-time expenditures associated with creating the policy consensus center.
(15) $1,008,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(16) $2,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the university to implement a department of global health. The school of medicine and the school of public health and community medicine will jointly form and operate the department. The focus will be establishing sustainable improvements in global health through public health policy, practice, and medical care.
(17) $3,400,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to pay for operations and maintenance costs of the bioengineering and genome sciences buildings that will come on line during the 2005-07 biennium.
(18) $150,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to expand the Washington search for young scholars program at the Robinson center at the University of Washington.
(19) $125,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the college of education at the University of Washington to conduct a review of curriculum offered by public schools in Washington. The purpose of this review is to examine the extent to which the curriculum offered by these institutions fully and accurately include the history, contributions, and contemporary experiences of people of color. The review will include the identification of barriers which may impede school districts from successfully adopting and using these types of curriculum. The report by the university is due to the legislature by December 1, 2007.
Sec. 604. 2005 c 518 s 605 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund--State Appropriation (FY 2006). (($206,494,000))
$206,511,000
General Fund--State Appropriation (FY 2007). (($211,870,000))
$213,902,000
Education Legacy Trust--State Appropriation. . . . . .$11,162,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$293,000
TOTAL APPROPRIATION. .(($429,526,000))
$431,868,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $210,000 of the general fund--state appropriation for fiscal year 2006 and $210,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the implementation of the Puget Sound work plan and agency action item WSU-01.
(2)(a) $2,741,000 of the education legacy trust appropriation for fiscal year 2006 and $6,900,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 430 new enrollments at the Pullman campus, 450 new enrollments at the Vancouver campus, and 25 new enrollments at the Tri-Cities campus. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(b) $1,174,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for 80 additional high demand student enrollments. The university shall make it a priority to expand baccalaureate and graduate level access to nursing programs and to expand baccalaureate programs in engineering and construction management. By December 15, 2006, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs enrolled with the funding provided in this subsection.
(3) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Washington State University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that are ranked in the top twenty nationally;
(e) Sustain the quality of its research programs as measured by the national ranking for federal research grants received; and
(f) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006 the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(4) $507,000 of the education legacy trust appropriation for fiscal year 2006 and $1,014,000 of the education legacy trust appropriation for fiscal year 2007 are provided solely to expand the entering class of veterinary medicine students by 16 resident student FTEs each academic year during the 2005-2007 biennium.
(5) $350,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to assist the transition of Washington State University-Vancouver from a branch campus serving only upper-division students, to a four-year campus serving freshmen, sophomores, and upper-division students. Funds may be used to develop curricula, recruit new faculty, and expand student services. Consistent with the recommendations of the higher education coordinating board, WSU-Vancouver may begin enrolling lower-division students beginning in fiscal year 2007.
(6) The university shall give consideration to reprioritizing agricultural research funding to allow for expansion of the center for precision agricultural systems and development of the biologically intensive and organic agriculture program.
(7) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to study the cost of complying with vehicle licensing and registration laws. Funding is subject to the passage of House Bill No. 1241 (modifying vehicle licensing and registration penalties). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(8) $42,000 of the general fund--state appropriation for fiscal year 2006 and $43,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Senate Bill No. 5101 (providing incentives to support renewable energy). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(9) $200,000 of the general fund--state appropriation for fiscal year 2006 and $200,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to conduct research on alternatives for controlling ghost shrimp in Willapa bay.
(10) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for one-time expenditures associated with creating the policy consensus center.
(11) $716,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(12) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to assist the Washington State University (WSU) Tri-Cities in planning the transition from a branch campus serving upper-division students, to a four-year campus serving freshmen, sophomores, and upper-division students. Funds may be used to develop curricula, recruit new faculty, and expand student services. WSU Tri-Cities may begin enrolling lower-division students beginning in Fall 2007.
(13) $800,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the university to operate the AgWeatherNet system.
(14) $800,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the center for sustaining agriculture and natural resources to create a biologically intensive and organic agriculture program.
(15) $5,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the university to publish a comprehensive reference book on Washington state local governments through the division of governmental studies and services. Copies of the publication shall be provided to the appropriate policy and fiscal committees of the legislature.
(16) $1,000,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for allocation to a private nonprofit medical and scientific research institute to be located in Spokane for the purposes of developing and implementing new medical treatment therapies involving systems biology, genomics, and nanotechnology. The allocation shall be matched by an equal amount of funds from nonstate sources. The university shall not retain any of these funds for administrative purposes.
Sec. 605. 2005 c 518 s 606 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
General Fund--State Appropriation (FY 2006). . (($46,137,000))
$46,300,000
General Fund--State Appropriation (FY 2007). . (($47,069,000))
$47,100,000
Education Legacy Trust--State Appropriation. . . . . . $6,461,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$110,000
TOTAL APPROPRIATION. . .(($99,667,000))
$99,971,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,147,000 of the education legacy trust appropriation for fiscal year 2006 and $4,314,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 650 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Eastern Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and
(e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(3) $212,000 of the general fund--state appropriation for fiscal year 2006 and $213,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the northeast autism center to provide community based approaches to assisting children and adults with autism spectrum disorder and to include the establishment of a preschool at Eastern Washington University to serve children identified with autism spectrum disorder.
(4) $158,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
Sec. 606. 2005 c 518 s 607 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
General Fund--State Appropriation (FY 2006). . (($45,379,000))
$45,751,000
General Fund--State Appropriation (FY 2007). . (($46,739,000))
$47,256,000
Education Legacy Trust--State Appropriation. . . . . . $6,461,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$103,000
TOTAL APPROPRIATION. . .(($98,579,000))
$99,571,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,147,000 of the education legacy trust appropriation for fiscal year 2006 and $4,314,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 650 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Central Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and
(e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(3) For the 2006-07 and 2007-08 academic years, the legislature hereby increases the limit on total gross authorized operating fees revenue waived, exempted, or reduced by Central Washington University pursuant to RCW 28B.15.910 to eleven percent.
(4) $206,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(5) $165,000 of the general fund--state appropriation for fiscal year 2006 and $495,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to fund additional tuition waiver authority granted to the university in the 2005-07 biennial budget.
Sec. 607. 2005 c 518 s 608 (uncodified) is amended to read as follows:
FOR THE EVERGREEN STATE COLLEGE
General Fund--State Appropriation (FY 2006). . (($25,586,000))
$25,661,000
General Fund--State Appropriation (FY 2007). . (($26,174,000))
$26,407,000
Education Legacy Trust--State Appropriation. . . . . . $2,116,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$75,000
TOTAL APPROPRIATION. . .(($53,876,000))
$54,259,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $705,000 of the education legacy trust appropriation for fiscal year 2006 and $1,411,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 210 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the college shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the college as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, The Evergreen State College shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation;
(e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(3) $40,000 of the general fund--state appropriation for fiscal year 2006 and $10,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the Washington state institute for public policy to conduct an analysis of the availability, services, and effectiveness of programs in community and technical colleges that serve the educational needs of recent immigrant students who are not proficient in English and who are or have been enrolled in high school but have not met graduation requirements. The analysis shall include, but not be limited to, the type of programs provided, the geographic availability of programs, the identification of best practices, how the programs are funded, and the effectiveness of the programs. The analysis shall also include recommendations for improving the programs to better meet the needs of recent immigrant students and for expanding the availability of programs statewide. A report shall be submitted to the fiscal and education committees of the legislature, the superintendent of public instruction, and the state board for community and technical colleges by December 1, 2006.
(4) $170,000 of the general fund--state appropriation for fiscal year 2006 and $140,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for sections 217 and 605 of Senate Bill No. 5763 (mental disorders treatment). If neither section 217 nor section 605 is enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(5) $69,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(6) $61,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Washington state institute for public policy to begin conducting the study of continued foster care support services outlined in Second Substitute House Bill No. 2002 (foster care support services). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(7) $80,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to meet the demand for collective bargaining and bargaining unit training. All of the funding provided in this subsection shall be allocated to the labor education and research center to support such training and shall not be used for overhead expenses.
(8) $40,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Washington state institute for public policy to update the list of cost-beneficial juvenile justice programs that the institute has previously published and to update the cost parameters used to estimate the benefits of such programs as outlined in Fourth Substitute House Bill No. 1483 (investing in youth program). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(9) $30,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the Washington state institute for public policy to begin a study of the pilot program created in section 204(1)(q) of this act. Subject to the approval of the institute's board, the study shall measure improvements in the delivery of mental health services to children and shall include, at a minimum, an assessment of program outcomes and cost-effectiveness, including consideration of hospital utilization, residential or out-of-home placements, utilization of child welfare services, school attendance, and involvement in the juvenile justice system. The institute shall provide the appropriate committees of the legislature with an initial study plan and activity report by June 30, 2007.
Sec. 608. 2005 c 518 s 609 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
General Fund--State Appropriation (FY 2006). . (($58,896,000))
$58,993,000
General Fund--State Appropriation (FY 2007). . (($60,514,000))
$61,185,000
Education Legacy Trust--State Appropriation. . . . . . $3,475,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$161,000
TOTAL APPROPRIATION. .(($122,885,000))
$123,814,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,158,000 of the education legacy trust appropriation for fiscal year 2006 and $2,317,000 of the education legacy trust appropriation for fiscal year 2007 are provided as the state subsidy for 340 new enrollments. By December 15th of each year of the 2005-07 fiscal biennium, the university shall report to the office of financial management and the legislative fiscal committees the number of new student FTEs by campus enrolled with the funding provided in this subsection.
(2) The appropriations for higher education employee compensation increases provided or referenced in this section and described in sections 949 through 980 of this act are estimated to increase the total per student funding during the 2005-2007 biennium. This increase in total per student funding is in addition to the tuition revenues that will be generated and retained by the university as a result of the tuition increases that are authorized in section 601 of this act. Given these increases in core funding, Western Washington University shall, by June 30, 2007, show demonstrable progress toward achieving the following six-year programmatic goals:
(a) Improve time to degree as measured by the percent of admitted students who graduate within 125% of the credits required for a degree;
(b) Preserve access for low-income students as measured by the percentage of total degrees awarded to Pell Grant recipients;
(c) Improve freshman retention rates;
(d) Improve and sustain the quality of its degree programs as measured by the number of programs that receive national accreditation; and
(e) Improve its ability to prepare students for the workforce as measured by the job placement or graduate school acceptance rates among graduates.
Specific six-year targets for the goals stated in this subsection shall be established by the university, the office of financial management, and the higher education coordinating board and shall be determined based on the per student funding level assumed in this act.
On or before ((October)) November 1, 2006, the university shall submit to the higher education coordinating board a report that outlines the institution's progress and ongoing efforts toward meeting the provisions of this section. The higher education coordinating board shall compile and analyze all responses and provide a summary to the governor and the appropriate fiscal and policy committees of the legislature prior to ((November)) December 1, 2006.
(3) Access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island, and Skagit counties. The higher education consortium created to serve the region has not been able to successfully address the region's access needs. The university center model of service delivery, centered on a community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.
Therefore, the management and leadership responsibility for consortium operations are assigned to Everett community college. Everett community college shall collaborate with community and business leaders, other local community colleges, the public four-year institutions of higher education, and the higher education coordinating board to develop an educational plan for the North Snohomish, Island, and Skagit county region based on the university center model.
(4) $98,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for extraordinary natural gas cost expenses.
(5) $400,000 of the general fund--state appropriation for fiscal year 2007 is provided to help planning efforts to coordinate expansion of the university's campus to the Bellingham waterfront.
(6) $250,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to establish a planning and emergency management program at Western Washington University.
Sec. 609. 2005 c 518 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation (FY 2006). . . (($2,665,000))
$5,666,000
General Fund--State Appropriation (FY 2007). . . (($2,684,000))
$5,682,000
General Fund--Federal Appropriation. . . . . . . . . . (($4,289,000))
$4,291,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$29,000
TOTAL APPROPRIATION. . . .(($9,638,000))
$15,668,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the general fund--state appropriation for fiscal year 2006 and $300,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to develop college readiness standards for English and science.
(2) $2,914,000 of the general fund--state appropriation for fiscal year 2006 and $2,888,000 of the general fund--state appropriation for fiscal year 2007 are provided for financial aid administration, in addition to the four percent cost allowance provision for state work study under section 610(7) of this act. These amounts are provided to administer all the financial aid and grant programs assigned to the board by the legislature and administered by the agency. To the extent the executive director finds the agency will not require the full sum provided in this subsection, a portion may be transferred to supplement financial grants-in-aid to eligible clients contained in section 610 of this act after notifying the board and the office of financial management of the transfer.
Sec. 610. 2005 c 518 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 2006). (($159,363,000))
$156,449,000
General Fund--State Appropriation (FY 2007). (($164,634,000))
$162,943,000
General Fund--Federal Appropriation. . . . . . . . . (($13,073,000))
$13,075,000
Education Legacy Trust--State Appropriation. . . . . .$62,910,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000
TOTAL APPROPRIATION. .(($399,980,000))
$395,378,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $299,000 of the general fund--state appropriation for fiscal year 2006 and $308,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for the western interstate commission for higher education.
(2) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for higher education student child care matching grants under chapter 28B.135 RCW.
(3) $25,000 of the general fund--state appropriation for fiscal year 2006 and $25,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for the benefit of students who participate in college assistance migrant programs (CAMP) operating in Washington state. To ensure timely state aid, the board may establish a date after which no additional grants would be available for the 2005-06 and 2006-07 academic years. The board shall disperse grants in equal amounts to eligible post-secondary institutions so that state money in all cases supplements federal CAMP awards.
(4) $124,901,000 of the general fund--state appropriation for fiscal year 2006, $134,506,000 of the general fund--state appropriation for fiscal year 2007, $28,400,000 of the education legacy trust appropriation for fiscal year 2006, and $31,654,000 of the education legacy trust appropriation for fiscal year 2007 are ((provided solely)) for the state need grant program. After April 1st of each fiscal year, ((up to one percent of)) uncommitted funds from the annual appropriation for the state need grant program may be transferred to the state work study ((program)) or educational opportunity grant programs and up to one percent may be transferred to the state education trust account as authorized in RCW 28B.92.140.
(((5) $250,000 of the general fund--state appropriation for fiscal year 2006 and $250,000 of the general fund--state appropriation for fiscal year 2007 are provided solely)) Of the amounts provided in this subsection, up to $500,000 is to implement House Bill No. 1345 (part-time student financial aid). ((If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.)) The board may not expend more than the amount provided in this subsection to implement the bill.
(((6))) (5) $75,000 of the general fund--state appropriation for fiscal year 2006 and $75,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for the implementation of Second Substitute House Bill No. 1050 (foster care endowed scholarship program). The purpose of the program is to help students who are or were in foster care attend an institution of higher education in the state of Washington. ((If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.))
(((7))) (6) $250,000 of the general fund--state appropriation for fiscal year 2006 and (($250,000)) $850,000 of the general fund--state appropriation for the fiscal year 2007 are ((provided solely)) to support the future teachers' conditional scholarship and loan repayment program. Of this amount, $600,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for implementation of Substitute House Bill No. 2989 (establishing the Washington teach math-science program). If this bill is not enacted by June 30, 2006, the amount provided shall lapse.
(((8))) (7) $17,048,000 of the general fund--state appropriation for fiscal year 2006, $17,048,000 of the general fund--state appropriation for fiscal year 2007, $863,000 of the education legacy trust appropriation for fiscal year 2006, and $1,993,000 of the education legacy trust appropriation for fiscal year 2007 are ((provided solely)) for the state work study program. After April 1st of each fiscal year, ((up to one percent of)) uncommitted funds from the annual appropriation for the state work study program may be transferred to the state need grant or educational opportunity grant programs. In addition to the administrative allowance in ((subsection (11) of this)) section 609(2) of this act, four percent of the general fund--state amount and the education legacy trust amounts in this subsection may be transferred to and expended for state work study program administration.
(((9))) (8) $2,867,000 of the general fund--state appropriation for fiscal year 2006 and $2,867,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for educational opportunity grants pursuant to chapter 233, Laws of 2003 (ESB 5676). The board may deposit sufficient funds from its appropriation into the state education trust fund as established in RCW ((28B.10.821)) 28B.92.140 to provide a one-year renewal of the grant for each new recipient of the educational opportunity grant award. After April 1st of each fiscal year, uncommitted funds from the annual appropriation for the educational opportunity grant program may be transferred to the state work study or state need grant programs.
(((10))) (9) $2,384,000 of the general fund--state appropriation for fiscal year 2006 and $2,361,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) to implement the Washington scholars program. Any Washington scholars program moneys not awarded by April 1st of each year may be transferred by the board to the Washington award for vocational excellence. Amounts provided in this subsection are sufficient for the higher education coordinating board to select three Washington scholars in fiscal year 2006 and two Washington scholars in fiscal year 2007 from each legislative district under the provisions of RCW 28A.600.100 through 28A.600.150.
(((11))) (10) $794,000 of the general fund--state appropriation for fiscal year 2006 and $847,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) to implement Washington award for vocational excellence program. Any Washington award for vocational program moneys not awarded by April 1st of each year may be transferred by the board to the Washington scholars program.
(((12))) (11) $246,000 of the general fund--state appropriation for fiscal year 2006 and $246,000 of the general fund--state appropriation for fiscal year 2007 are ((provided solely)) for community scholarship matching grants of $2,000 each and up to a total of $46,000 per year in grants for nonprofit community organizations with preference given to organizations affiliated with scholarship America to administer the scholarship matching grants. 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 section. An organization may receive more than one $2,000 matching grant and preference shall be given to organizations affiliated with scholarship America.
(((13))) (12) Subject to state need grant service requirements pursuant to chapter 28B.119 RCW, (($4,265,000)) $4,325,000 of the general fund--state appropriation for fiscal year 2006 is ((provided solely)) for the Washington promise scholarship program. The Washington promise scholarship program is terminated following fiscal year 2006. No Washington promise scholarship awards may be offered to students beyond the graduating high school class of 2004. Unexpended funds remaining after June 30, 2006, may be transferred to the state education trust account authorized in RCW 28B.92.140.
(((14) $2,963,000 of the general fund--state appropriation for fiscal year 2006 and $2,958,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for financial aid administration, in addition to the four percent cost allowance provision for state work study under subsection (5) of this section. These funds are provided to administer all the financial aid and grant programs assigned to the board by the legislature and administered by the agency. To the extent the executive director finds the agency will not require the full sum provided in this subsection, a portion may be transferred to supplement financial grants-in-aid to eligible clients after notifying the board and the office of financial management of the intended transfer.))
(13) $75,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for one-time costs associated with stabilizing the GEAR-UP scholarship program.
(14) $3,100,000 of the general fund--state appropriation for fiscal year 2006 and $3,100,000 of the general fund--state appropriation for fiscal year 2007 are for the health professions loan repayment and scholarship program.
(15) $60,000 of the general fund--state appropriation for fiscal year 2006 and $60,000 of the general fund--state appropriation for fiscal year 2007 are for the Washington center scholarship program.
(16) $500,000 of the general fund--state appropriation for fiscal year 2007 is provided solely for the board to contract with the Washington leadership 1000 scholarship fund. The funds shall be used to support, develop, and implement the leadership 1000 scholarship program which matches private benefactors with selected economically disadvantaged students who would otherwise be unable to attend college after depleting all other sources of scholarship and financial aid.
(17) By December 15th of each fiscal year, the board shall submit a report to the legislature detailing the outcomes from the previous year and a progress report on the current year for each of the student aid programs listed in this section: (a) The number of students served; (b) the award amount provided to students by sector; (c) the total amount spent; and (d) an explanation for any variation between the amount listed in the subsections and the amount expended.
Sec. 611. 2005 c 518 s 612 (uncodified) is amended to read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund--State Appropriation (FY 2006). . . . . .$1,225,000
General Fund--State Appropriation (FY 2007). . . (($1,231,000))
$1,363,000
General Fund--Federal Appropriation. . . . . . . . . (($53,890,000))
$53,897,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,000
TOTAL APPROPRIATION. . .(($56,346,000))
$56,492,000
Sec. 612. 2005 c 518 s 613 (uncodified) is amended to read as follows:
FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE
General Fund--State Appropriation (FY 2006). . . (($1,446,000))
$1,483,000
General Fund--State Appropriation (FY 2007). . . (($1,476,000))
$1,514,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,000
TOTAL APPROPRIATION. . . .(($2,922,000))
$3,005,000
The appropriations in this section are subject to the following conditions and limitations:
The legislature finds that economic development, especially in emerging technologies, is critical to Spokane and Eastern Washington. The principal goal of the state's investment in the Spokane intercollegiate research and technology institute (SIRTI) is to bridge the gap between academic discovery and economic development, thereby leveraging the state's investment in research. However, it is essential to find appropriate ways to mark the success of these efforts. By September 15, 2005, SIRTI shall develop a plan for review by the house of representatives higher education committee and the senate labor, commerce, research and development committee, describing the agency's strategy and budget for commercial application of academic research. The plan shall include actions to be taken to select, develop, commercialize, and graduate clients. The plan shall also detail how to measure significant impacts to the overall economic climate of the Spokane region, including job creation and wages, that are attributable to SIRTI.
Sec. 613. 2005 c 518 s 614 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund--State Appropriation (FY 2006). . . . . .$2,322,000
General Fund--State Appropriation (FY 2007). . . (($2,349,000))
$2,356,000
General Fund--Federal Appropriation. . . . . . . . . . (($1,300,000))
$1,350,000
General Fund--Private/Local Appropriation (FY 2007)(($1,000))
$151,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,000
TOTAL APPROPRIATION. . . .(($5,972,000))
$6,185,000
Sec. 614. 2005 c 518 s 615 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund--State Appropriation (FY 2006). . . (($3,408,000))
$3,407,000
General Fund--State Appropriation (FY 2007). . . (($2,757,000))
$2,763,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,000
TOTAL APPROPRIATION. . . .(($6,165,000))
$6,183,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $102,000 of the general fund--state appropriation for fiscal year 2006 and $95,000 of the general fund--state appropriation for fiscal year 2007 are provided solely to implement Senate Bill No. 5707 (women's history consortium). If the bill is not enacted by June 30, 2005, the amounts provided in this subsection shall lapse.
(2) $262,000 of the general fund--state appropriation for fiscal year 2006 is provided solely to coordinate and fund programs related to the Lewis and Clark bicentennial commemoration.
(3) $155,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for reimbursement of costs incurred by the Pacific county sheriff's office resulting from Lewis and Clark bicentennial commemoration events.
(4) $100,000 of the general fund--state appropriation for fiscal year 2006 is provided solely for reimbursement of costs incurred by local law enforcement resulting from Lewis and Clark bicentennial commemoration events scheduled in the cities of Clarkston, Dayton, Kennewick, Stevenson, Toppenish, and Vancouver.
Sec. 615. 2005 c 518 s 616 (uncodified) is amended to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund--State Appropriation (FY 2006). . . (($1,636,000))
$1,633,000
General Fund--State Appropriation (FY 2007). . . (($1,630,000))
$1,631,000Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,000
TOTAL APPROPRIATION. . . .(($3,266,000))
$3,272,000
Sec. 616. 2005 c 518 s 617 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund--State Appropriation (FY 2006). . . (($5,133,000))
$5,149,000
General Fund--State Appropriation (FY 2007). . . (($5,251,000))
$5,285,000
General Fund--Private/Local Appropriation. . . . . . . . $1,335,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$38,000
TOTAL APPROPRIATION. . .(($11,719,000))
$11,807,000
Sec. 617. 2005 c 518 s 618 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
General Fund--State Appropriation (FY 2006). . . (($8,419,000))
$8,439,000
General Fund--State Appropriation (FY 2007). . . (($8,613,000))
$8,709,000
General Fund--Private/Local Appropriation. . . . . . . . . .$232,000
Pension Funding Stabilization Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50,000
TOTAL APPROPRIATION. . .(($17,264,000))
$17,430,000
(End of part)
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 2005 c 518 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 DEBT SUBJECT TO THE DEBT LIMIT
General Fund--State Appropriation (FY 2006). (($694,444,000))
$640,544,000
General Fund--State Appropriation (FY 2007). (($668,119,000))
$783,019,000
State Building Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .(($3,924,000))
$5,924,000
State Taxable Building Construction
Account--State Appropriation. . . . . . . . . . . . . . .(($139,000))
$539,000
Gardner-Evans Higher Education Construction
Account--State Appropriation. . . . . . . . . . . . . (($1,215,000))
$1,395,000
((Debt-limit General Fund Bond Retirement
Account--State Appropriation. . . . . . . . . . . . . . $4,113,000))
Debt-Limit Reimbursable Bond Retirement
Account--State Appropriation. . . . . . . . . . . . . . . .$2,583,000
TOTAL APPROPRIATION(($1,374,537,000))
$1,434,004,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2006 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2006. $100,000,000 of the fiscal year 2007 general fund--state appropriation is provided as a reserve for debt service payments in the 2007-09 biennium.
Sec. 702. 2005 c 518 s 702 (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 BY ENTERPRISE ACTIVITIES
State Convention and Trade Center
Account--State Appropriation. . . . . . . . . . . . . . .$29,411,000
Accident Account--State Appropriation. . . . . . . . .(($5,111,000))
$5,112,000
Medical Aid Account--State Appropriation. . . . . .(($5,111,000))
$5,112,000
TOTAL APPROPRIATION. . .(($39,633,000))
$39,635,000
Sec. 703. 2005 c 518 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--State Appropriation (FY 2006). . . . .$24,588,000
General Fund--State Appropriation (FY 2007). . . . .$26,743,000
Nondebt-Limit Reimbursable Bond Retirement
Account--State Appropriation. . . . . . . . . . .(($131,844,000))
$130,909,000
TOTAL APPROPRIATION. .(($183,175,000))
$182,240,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.
Sec. 704. 2005 c 518 s 704 (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--State Appropriation (FY 2006). . . . . .$1,357,000
General Fund--State Appropriation (FY 2007). . . . . .$1,357,000
State Building Construction Account--State Appropriation$1,080,000
State Taxable Building Construction
Account--State Appropriation. . . . . . . . . . . . . . . .(($13,000))
$78,000
Gardner-Evans Higher Education Construction
Account--State Appropriation. . . . . . . . . . . . . . . . . $452,000
TOTAL APPROPRIATION. . . .(($4,259,000))
$4,324,000
Sec. 705. 2005 c 518 s 705 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY POOL
Disaster Response Account--State Appropriation.(($4,000,000))
$8,000,000
The sum of (($4,000,000)) $8,000,000 is appropriated from the disaster response account for the purpose of making allocations to the Washington state patrol for fire mobilizations costs or to the department of natural resources for fire suppression costs.
NEW SECTION. Sec. 706. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY
General Fund--State Appropriation (FY 2006). . . . . .$1,600,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for deposit into the disaster response account for the purposes specified in section 705 of this act.
NEW SECTION. Sec. 707. A new section is added to 2005 c 518 (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 financial management, 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) Kirk F. Schultz, claim number SCJ 2006-01. . . . $12,312
(b) Scott A. King, claim number SCJ 2006-02. . . . . . $9,922
(c) Mark D. Huckaba, claim number SCJ 2006-03. . $10,000
(d) James D. Brittain, claim number SCJ 2006-02. . $20,000
(2) Payment from the state wildlife account for damage to crops by wildlife pursuant to RCW 77.36.050:
(a) For deposit into the self-insurance liability account for reimbursement of payment made to Circle S Landscape, claim number SCG 2004-05. . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,926
(b) Venture Farms, claim number SCG 2005-03. . . .$57,448
(c) Patrick O'Hagen, claim number SCG 2006-02. . . .$1,673
(d) Patrick O'Hagen, claim number SCG 2006-03. . . .$2,389
(e) Swampapple Enterprises, Inc., claim number SCG 2006-04. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,574
(f) Wilbur H. Mundy, claim number SCG 2006-05. .$10,307
(g) Sam Kayser, claim number SCG 2006-08. . . . . . . $1,108
(3) Payment for reinterment of human remains from historic graves pursuant to RCW 68.60.050: Darrin Erdahl, claim number SCO 2006-01. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,000
Sec. 708. 2005 c 518 s 713 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--CONTRIBUTIONS TO RETIREMENT SYSTEMS.
The appropriations in this section are subject to the following conditions and limitations: The appropriations for the law enforcement officers' and firefighters' retirement system shall be made on a monthly basis beginning July 1, 2005, consistent with chapter 41.45 RCW, and the appropriations for the judges and judicial retirement systems shall be made on a quarterly basis consistent with chapters 2.10 and 2.12 RCW.
(1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:
General Fund--State Appropriation (FY 2006). . . . .$32,450,000
General Fund--State Appropriation (FY 2007). . (($38,550,000))
$38,750,000
(a) $100,000 of the general fund--state appropriations for fiscal year 2006 and $200,000 of the general fund--state appropriations for fiscal year 2007 are provided solely to implement Substitute House Bill No. 1936 (emergency medical technicians). If the bill is not enacted by June 30, 2005, the amounts provided shall lapse.
(b) $950,000 of the general fund--state appropriation for fiscal year 2006 and $950,000 of the general fund--state appropriation for fiscal year 2007 are provided solely for the state contributions required under Substitute Senate Bill No. 5615 (law enforcement officers' and fire fighters' retirement system plan 2 disability benefit). If the bill is not enacted by June 30, 2005, the amounts provided shall lapse.
(c) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Substitute House Bill No. 2932 (catastrophic disability). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(d) $100,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to implement Substitute House Bill No. 2934 (survivor health benefits). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(2) There is appropriated for contributions to the judicial retirement system:
General Fund--State Appropriation (FY 2006). . . (($6,000,000))
$6,601,000
General Fund--State Appropriation (FY 2007). . . (($6,000,000))
$9,539,000
(3) There is appropriated for contributions to the judges retirement system:
General Fund--State Appropriation (FY 2006). . . . . . . $300,000
General Fund--State Appropriation (FY 2007). . . . . . . $300,000
TOTAL APPROPRIATION. . .(($83,600,000))
$87,940,000
NEW SECTION. Sec. 709. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE GOVERNOR--EMERGENCY COMMUNICATIONS INTEROPERABILITY
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000
The appropriation in this section is subject to the following conditions and limitations: Funds are provided for acquisition and deployment of interoperable telecommunications devices to local jurisdictions. One program manager position is provided to assist local and state public safety providers improve their interoperability readiness and enhance levels of cooperation and coordination. The governor shall allocate these funds as necessary with consultive assistance from the state interoperability executive committee.
Sec. 710. 2005 c 518 s 716 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--LIFE SCIENCES DISCOVERY FUND AUTHORITY
General Fund--State Appropriation (FY 2006). . . . . . . $150,000
General Fund--State Appropriation (FY 2007). . . . . . . $992,000
TOTAL APPROPRIATION. . . . . . .$1,142,000
The ((appropriation)) appropriations in this section ((is)) are subject to the following conditions and limitations: The ((appropriation)) appropriations in this section ((is)) are provided solely for a grant to the life sciences discovery fund authority to be used in accordance with ((Engrossed Second Substitute Senate Bill No. 5581 (life sciences))) chapter 424, Laws of 2005 (life sciences research). ((If the bill is not enacted by June 30, 2005, the appropriation in this section shall lapse.))
Sec. 711. 2005 c 518 s 720 (uncodified) is amended to read as follows:
STRATEGIC PURCHASING STRATEGY.
(1) The office of financial management shall work with the appropriate state agencies to generate savings of (($50,000,000, of which)) $25,000,000 ((shall be)) from the state general fund, that can arise from a strategic purchasing strategy. From appropriations in this act, the office of financial management shall reduce general fund--state allotments by (($8)) $4 million for fiscal year 2006 and by (($17)) $21 million for fiscal year 2007 to reflect the savings from the strategic purchasing strategy. The allotment reductions shall be placed in unallotted status and remain unexpended. These unexpended amounts shall lapse to the state general fund at the end of each fiscal year.
(2) The department of general administration, with the assistance of the department of information services and the department of printing and in consultation with the office of financial management, shall conduct an analysis of the state's purchasing processes to identify the most reasonable strategy of attaining a statewide savings target of (($50,000,000)) $25,000,000 from the state general fund without affecting direct program activities. The analysis shall identify savings by agency and fund that will result from the implementation of a strategic purchasing strategy. The results of this analysis shall then be provided to the director of financial management by October 1, 2005, and updated as needed, so the director may use it as the basis to achieve the savings identified in subsection (1) of this section.
(3) Before the purchase of goods and services, all state agencies and higher education institutions shall first consider the utilization of current or existing master contracts. All state agencies and higher education institutions shall strive to use master contracts when that use is consistent with the agency's requirements and purchase is financially cost-effective.
NEW SECTION. Sec. 712. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--ENERGY FREEDOM ACCOUNT
General Fund--State Appropriation (FY 2007). . . . .$25,000,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for deposit into the energy freedom account. The appropriation in this section constitutes funding for purposes of section 15 of Engrossed Third Substitute House Bill No. 2939. If Engrossed Third Substitute House Bill No. 2939 (energy freedom) is not enacted by June 30, 2006, the appropriation in this section shall lapse.
(2) Of the amounts deposited into the energy freedom account pursuant to this appropriation, $2,000,000 is provided solely to be appropriated from the energy freedom account for a loan to the Grays Harbor county bioenergy project (06-04-852).
NEW SECTION. Sec. 713. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS
General Fund--State Appropriation (FY 2007). . . . . .$1,100,000
Special Account Retirement Contribution
Increase Revolving Account Appropriation. . . . . . .$200,000
TOTAL APPROPRIATION. . . . . . .$1,300,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) $500,000 of the general fund--state appropriation for fiscal year 2007 and $200,000 of the special account retirement contribution appropriation are provided solely to adjust agency appropriations to reflect increased employer contributions pursuant to House Bill No. 2687 ($1000 minimum benefit). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(2) $600,000 of the general fund--state appropriation for fiscal year 2007 is provided solely to reflect increased employer contributions pursuant to House Bill No. 2684 (plan 3 five-year vesting). If the bill is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(3) To facilitate the transfer of moneys to dedicated funds and accounts, the state treasurer shall transfer sufficient moneys to each dedicated fund or account from the special account retirement contribution increase revolving account in accordance with schedules provided by the office of financial management.
NEW SECTION. Sec. 714. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON HOUSING TRUST FUND
General Fund--State Appropriation (FY 2007). . . . .$25,000,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for deposit into the Washington housing trust fund. The appropriation in this section constitutes funding for purposes of section 15 of Engrossed Second Substitute House Bill No. 2418 (affordable housing). If Engrossed Second Substitute House Bill No. 2418 is not enacted by June 30, 2006, the appropriation in this section shall lapse.
NEW SECTION. Sec. 715. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--PERSONNEL LITIGATION SETTLEMENT
General Fund--State Appropriation (FY 2007). . . . .$11,813,000
Special Personnel Litigation Revolving
Account Appropriation. . . . . . . . . . . . . . . . . . . . $10,689,000
TOTAL APPROPRIATION. . . . . .$22,502,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire appropriation is provided solely for the purposes of the settlement of litigation involving compensation differentials among personnel classes, W.P.E.A. v. State of Washington.
(2) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer shall transfer sufficient moneys from each dedicated fund or account, including local funds of state agencies and institutions of higher education, to the special personnel litigation revolving account in accordance with schedules provided by the office of financial management.
NEW SECTION. Sec. 716. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--PENSION FUNDING STABILIZATION ACCOUNT
General Fund--State Appropriation (FY 2007). . . . .$48,599,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for deposit into the pension funding stabilization account for the purpose of reducing the unfunded public employees' retirement system and teachers' retirement system pension liability. If the bill creating this account is not enacted by June 30, 2006, the appropriation in this section shall lapse.
NEW SECTION. Sec. 717. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS.
(1) Beginning September 1, 2006, the following employer contribution rates are established in addition to already established employer contribution rates: For all members of the teachers' retirement system, an additional 1.29 percent; for all members of the school employees' retirement system, an additional 0.87 percent.
(2) Beginning January 1, 2007, the following employer contribution rate is established in addition to the already established employer contribution rate: For all members of the public employees' retirement system and the public safety employees' retirement system, an additional 1.77 percent.
(3) Funds collected through these additional rates are to be used as contributions to the unfunded liabilities of the public employees' retirement system plan 1 and the teachers' retirement system plan 1.
NEW SECTION. Sec. 718. A new section is added to 2005 c 518 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--VETERANS INNOVATIONS PROGRAM ACCOUNT
General Fund--State Appropriation (FY 2007). . . . . .$3,000,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for deposit into the veterans innovations program account. If Engrossed Second Substitute House Bill No. 2754 (veterans' programs) is not enacted by June 30, 2006, the appropriation in this section shall lapse.
Sec. 719. 2005 c 518 s 724 (uncodified) is amended to read as follows:
INCENTIVE SAVINGS--FY 2006. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2006, from the total amount of unspent fiscal year 2006 state general fund appropriations, exclusive of amounts placed in unallotted status pursuant to section 711 of this act, is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
(1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
(2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
Sec. 720. 2005 c 518 s 725 (uncodified) is amended to read as follows:
INCENTIVE SAVINGS--FY 2007. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2007, from the total amount of unspent fiscal year 2007 state general fund appropriations, exclusive of amounts placed in unallotted status pursuant to section 711 of this act, is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
(1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
(2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
(End of part)
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 2005 c 518 s 801 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premium distributions. . . . . . . . . . . . . . . . . . . (($6,577,000))
$6,561,000
General Fund Appropriation for public utility
district excise tax distributions. . . . . . . . . . . .(($45,422,000))
$44,292,000
General Fund Appropriation for prosecuting
attorney distributions. . . . . . . . . . . . . . . . . . . . (($3,457,000))
$3,568,000
General Fund Appropriation for boating safety and
education distributions. . . . . . . . . . . . . . . . . . .(($4,430,000))
$4,252,000
General Fund Appropriation for other tax
distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38,000
Death Investigations Account Appropriation for
distribution to counties for publicly
funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . $1,969,000
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $147,000
Timber Tax Distribution Account Appropriation for
distribution to "timber" counties. . . . . . . . . . (($71,110,000))
$83,325,000
County Criminal Justice Assistance
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($53,914,000))
$53,650,000
Municipal Criminal Justice Assistance
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .(($21,104,000))
$21,315,000
Liquor Excise Tax Account Appropriation for
liquor excise tax distribution. . . . . . . . . . . . .(($37,413,000))
$40,512,000
Liquor Revolving Account Appropriation for
liquor profits distribution. . . . . . . . . . . . . . . .(($76,186,000))
$88,818,000
City-County Assistance Account Appropriation for
local government financial assistance distribution
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,100,000
TOTAL APPROPRIATION. .(($350,527,000))
$368,547,000
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. 2005 c 518 s 802 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Safety Account Appropriation. .(($1,913,400))
$2,050,000
The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2005-07 biennium in accordance with RCW 82.14.310. This funding is provided to counties for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).
Sec. 803. 2005 c 518 s 803 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--FOR THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Safety Account Appropriation. .(($1,275,600))
$1,367,000
The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2005-07 biennium to all cities ratably based on population as last determined by the office of financial management. The distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located. This funding is provided to cities for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).
Sec. 804. 2005 c 518 s 804 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--FEDERAL REVENUES FOR DISTRIBUTION
General Fund Appropriation for federal grazing
fees distribution. . . . . . . . . . . . . . . . . . . . . . . . (($1,632,000))
$1,644,000
General Fund Appropriation for federal flood
control funds distribution. . . . . . . . . . . . . . . . . . . . . .$68,000
Forest Reserve Fund Appropriation for federal
forest reserve fund distribution. . . . . . . . . . . . . . $84,500,000
TOTAL APPROPRIATION. . .(($86,200,000))
$86,212,000
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. 805. 2005 c 518 s 805 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS. For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs.
State Convention and Trade Center Account:
For transfer to the state general fund,
$5,150,000 for fiscal year 2006 and $5,150,000
for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . $10,300,000
General Fund: For transfer to the tourism
development and promotion account, $150,000
for fiscal year 2006 and $150,000 for fiscal
year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300,000
Financial Services Regulation Account: For transfer
to the state general fund, $778,000 for
fiscal year 2006 and $779,000 for fiscal
year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,557,000
Public Works Assistance Account: For
transfer to the drinking water
assistance account, $8,400,000 for fiscal
year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$8,400,000
Tobacco Settlement Account: For transfer
to the health services account, in an
amount not to exceed the actual balance
of the tobacco settlement account. . . . . . . . . . .$185,823,000
Health Services Account: For transfer to the
state general fund, $45,000,000 for fiscal
year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$45,000,000
Health Services Account: For transfer to the
tobacco prevention and control account. . . . (($23,366,000))
$25,086,000
Health Services Account: For transfer to the
water quality account. . . . . . . . . . . . . . . . . . . . . . $7,885,000
Health Services Account: For transfer to the
violence reduction and drug enforcement
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,932,000
Public Employees' and Retirees' Insurance Account:
For transfer to the state general fund,
$40,000,000 for fiscal year 2006 and
$45,000,000 for fiscal year 2007. . . . . . . . . . . . $85,000,000
Department of Retirement Systems Expense Account:
For transfer to the state general fund,
$2,000,000 for fiscal year 2006. . . . . . . . . . . . . . $2,000,000
Secretary of State's Revolving Account: For
transfer to the state general fund, $250,000
for fiscal year 2006 and $250,000 for
fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,000
State Treasurer's Service Account: For transfer
to the state general fund, (($5,500,000)) $9,500,000
for fiscal year 2006 and (($5,000,000)) $7,000,000
for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . .(($10,500,000))
$16,500,000
General Fund: For transfer to the water quality
account, $318,000 for fiscal year 2006 and
$319,000 for fiscal year 2007. . . . . . . . . . . . . . . . . .$637,000
State Toxics Control Account: For transfer to the
water quality account. . . . . . . . . . . . . . . . . . . . . .$12,500,000
Water Quality Account: For transfer to the
water pollution control revolving account. . .(($10,534,000))
$16,534,000
Pollution Liability Insurance Trust Account: For
transfer to the state general fund. . . . . . . . . . . (($7,500,000))
$3,750,000
Drinking Water Assistance Account: For transfer
to the drinking water assistance repayment
account, an amount not to exceed. . . . . . . . . (($15,000,000))
$21,800,000
Waste Reduction, Recycling, and Litter Control
Account: For transfer to the state general
fund, $1,000,000 for fiscal year 2006 and
$1,000,000 for fiscal year 2007. . . . . . . . . . . . . . $2,000,000
Public Works Assistance Account: For transfer to
the public facility construction loan revolving
account, $4,500,000 for fiscal year 2006. . . . . . . $4,500,000
Nisqually Earthquake Account: For transfer to
the disaster response account, $3,000,000 for
fiscal year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . .$3,000,000
Natural Resources Equipment Revolving Fund: For
transfer to the state general fund for fiscal
year 2006. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000,000
General Fund: For transfer to the violence
reduction and drug enforcement account,
$1,500,000 for fiscal year 2006 and $1,500,000
for fiscal year 2007. . . . . . . . . . . . . . . . . . . . . . . . $3,000,000
Education Legacy Trust Account: For transfer
to the student achievement account,
(($35,541,000)) $35,555,000 for fiscal
year 2006 and (($102,697,000)) $103,046,000
for fiscal year 2007. . . . . . . . . . . . . . . . . . . .(($138,238,000))
$138,601,000
Sec. 806. 2005 c 518 s 806 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS. For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs. The transfers are subject to the enactment of Senate Bill No. 5391 (tricare supplemental insurance), chapter 46, Laws of 2005.
Public Employees' and Retirees' Insurance Account:
For transfer to the state general fund,
$5,000,000 ((for fiscal year 2006 and $12,000,000))
for fiscal year 2007. . . . . . . . . . . . . . . . . . . . (($17,000,000))
$5,000,000
((General Fund--State Account: For transfer
to the tourism development and promotion
account, $150,000 for fiscal year 2006 and
$150,000 for fiscal year 2007. . . . . . . . . . . . . . . . $300,000))
(End of part)
PART IX
MISCELLANEOUS
Sec. 901. 2005 c 518 s 948 (uncodified) is amended to read as follows:
COMPENSATION--INSURANCE BENEFITS. The appropriations for state agencies, including institutions of higher education are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $663.00 per eligible employee for fiscal year 2006. For fiscal year 2007 the monthly employer funding rate shall not exceed $744.00 per eligible employee represented by a collective bargaining unit under the personnel system reform act of 2002, or $618.00 per eligible nonrepresented employee.
(b) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.
(2) 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 medicare, pursuant to RCW 41.05.085. From January 1, 2006, through December 31, 2006, the subsidy shall be $131.87. Starting January 1, 2007, the subsidy shall be $149.67 per month.
(3) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit into the public employees' and retirees' insurance account established in RCW 41.05.120 the following amounts:
(a) For each full-time employee, $48.42 per month beginning September 1, 2005, and (($55.73)) $55.15 beginning September 1, 2006;
(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, $48.42 each month beginning September 1, 2005, and (($55.73)) $55.15 beginning September 1, 2006, 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.
Sec. 902. 2005 c 518 s 963 (uncodified) is amended to read as follows:
COLLECTIVE BARGAINING AGREEMENT--((WPEA)) PSE/PROFESSIONAL ((LOCAL 365 UNIT C)) TECHNICAL EMPLOYEES--WESTERN WASHINGTON UNIVERSITY.
Budget amounts reflect the collective bargaining agreement reached between the Western Washington University and the public school employees of Washington ((Public Employees Association bargaining unit C)) professional technical employees under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective retroactive to July 1, 2005. Provisions also include a 1.6% increase effective July 1, 2006, until June 30, 2007, and for implementation of the department of personnel 2002 salary survey for classes more than 25% below market rates.
NEW SECTION. Sec. 903. A new section is added to 2005 c 518 (uncodified) to read as follows:
COLLECTIVE BARGAINING AGREEMENT--WASHINGTON STATE UNIVERSITY, WFSE BU 2. Budget amounts reflect the collective bargaining agreement reached between Washington State University and the Washington federation of state employees bargaining unit 2 -- service employees under the personnel system reform act of 2002. For employees covered under this agreement, provisions include a 3.2% salary increase effective retroactive to July 1, 2005. Provisions also include a one-time 2% lump sum payment effective July 1, 2006, and implementation of the department of personnel 2002 salary survey for classes more than 25% below market rate.
Sec. 904. RCW 79A.05.070 and 2003 c 186 s 1 are each amended to read as follows:
The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;
(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;
(6) Charge such fees for services, utilities, and use of facilities as the commission shall deem proper. Until July 1, 2007, the commission may not charge fees for general park access or parking;
(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed forty years;
(8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040 and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
(9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.
Sec. 905. RCW 90.56.120 and 2005 c 304 s 2 are each amended to read as follows:
(1)(a) There is established in the office of the governor the oil spill advisory council.
(b) The primary purpose of the council is to maintain the state's vigilance in, by ensuring an emphasis on, the prevention of oil spills to marine waters, while recognizing the importance of also improving preparedness and response.
(c) The council shall be an advisory body only.
(2)(a) In addition to members appointed under (b) of this subsection, the council is composed of the chair-facilitator and sixteen members representing various interests as follows:
(i) Three representatives of environmental organizations;
(ii) One representative of commercial shellfish interests;
(iii) One representative of commercial fisheries that primarily fishes in Washington waters;
(iv) One representative of marine recreation;
(v) One representative of tourism interests;
(vi) Three representatives of county government from counties bordering Puget Sound, the Columbia river/Pacific Ocean, and the Strait of Juan de Fuca/San Juan Islands;
(vii) One representative of marine labor;
(viii) Two representatives of marine trade interests;
(ix) One representative of major oil facilities;
(x) One representative of public ports; and
(xi) An individual who resides on a shoreline who has an interest, experience, and familiarity in the protection of water quality.
(b) In addition to the members identified in this subsection, the governor shall invite the participation of tribal governments through the appointment of two representatives to the council.
(3) Appointments to the council shall reflect a geographical balance and the diversity of populations within the areas potentially affected by oil spills to state waters.
(4) Members shall be appointed by the governor and shall serve four-year terms, except the initial members appointed to the council. Initial members to the council shall be appointed as follows: Six shall serve two-year terms, six shall serve three-year terms, and seven shall serve four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position vacated. Members serve at the pleasure of the governor.
(5) The governor shall appoint a chair-facilitator who shall serve as a nonvoting member of the council. The chair shall not be an employee of a state agency, nor shall the chair have a financial interest in matters relating to oil spill prevention, preparedness, and response. The chair shall convene the council at least four times per year. At least one meeting per year shall be held in a Columbia river community, an ocean coastal community, and a Puget Sound community. The chair shall consult with councilmembers in setting agendas and determining meeting times and locations.
(6) All members shall be reimbursed for travel expenses while attending meetings of the council or technical advisory committees, or when on official business authorized by the chair-facilitator, as provided in RCW 43.03.050 and 43.03.060. Members of the council identified in subsection (2)(a)(i), (ii), (iii), (iv), (v), (vi), (vii), and (xi) of this section and the chair-facilitator shall each be compensated on a per diem basis as a class two group according to RCW 43.03.230.
(7) The first meeting of the council shall be convened by the governor or the governor's designee. Other meetings may be convened by a vote of at least a majority of the voting members of the council, or by call of the chair. All meetings are subject to the open public meetings act. The council shall maintain minutes of all meetings.
(8) To the extent possible, all decisions of the council shall be by the consensus of the members. If consensus is not possible, nine voting members of the council may call for a vote on a matter. When a vote is called, all decisions shall be determined by a majority vote of the voting members present. Two-thirds of the voting members are required to be present for a quorum for all votes. The subject matter of all votes and the vote tallies shall be recorded in the minutes of the council.
(9) The council may form subcommittees and technical advisory committees.
NEW SECTION. 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.
NEW SECTION. 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.
(End of part)
INDEX PAGE #
ADMINISTRATOR FOR THE COURTS . . . . . . . . . . . . . . . . .8
ATTORNEY GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
BOARD FOR VOLUNTEER FIREFIGHTERS . . . . . . . . . . . 48
BOARD OF ACCOUNTANCY . . . . . . . . . . . . . . . . . . . . . . . .45
BOARD OF INDUSTRIAL INSURANCE APPEALS . . . . .103
BOARD OF TAX APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . .43
CASELOAD FORECAST COUNCIL . . . . . . . . . . . . . . . . . . .21
CENTRAL WASHINGTON UNIVERSITY . . . . . . . . . . . .222
CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
COLLECTIVE BARGAINING AGREEMENT
WASHINGTON STATE UNIVERSITY, WFSE BU 2 . .257
COLUMBIA RIVER GORGE COMMISSION . . . . . . . . . . 127
COMMISSION ON AFRICAN-AMERICAN AFFAIRS . . . . 38
COMMISSION ON ASIAN-PACIFIC-AMERICAN AFFAIRS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
COMMISSION ON HISPANIC AFFAIRS . . . . . . . . . . . . . . .37
COMMISSION ON JUDICIAL CONDUCT . . . . . . . . . . . . . . .7
COMPENSATION--INSURANCE BENEFITS . . . . . . . . . . 256
CONSERVATION COMMISSION . . . . . . . . . . . . . . . . . . . 136
COURT OF APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
CRIMINAL JUSTICE TRAINING COMMISSION . . . . . . .104
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . .148
DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . .22
DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . . .119
DEPARTMENT OF EARLY LEARNING . . . . . . . . . . . . . . 203
DEPARTMENT OF ECOLOGY . . . . . . . . . . . . . . . . . . . . . .127
DEPARTMENT OF FISH AND WILDLIFE . . . . . . . . . . . . 137
DEPARTMENT OF GENERAL ADMINISTRATION . . . . . .43
DEPARTMENT OF HEALTH . . . . . . . . . . . . . . . . . . . . . . . .111
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . .44
DEPARTMENT OF LABOR AND INDUSTRIES . . . . . . . .105
DEPARTMENT OF LICENSING . . . . . . . . . . . . . . . . . . . . 151
DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . .143
DEPARTMENT OF PERSONNEL . . . . . . . . . . . . . . . . . . . . .36
DEPARTMENT OF RETIREMENT SYSTEMS
CONTRIBUTIONS TO RETIREMENT SYSTEMS . . .242
OPERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
DEPARTMENT OF REVENUE . . . . . . . . . . . . . . . . . . . . . . . 40
DEPARTMENT OF SERVICES FOR THE BLIND . . . . . . .124
DEPARTMENT OF SOCIAL AND HEALTH SERVICES . . 54
ADMINISTRATION AND SUPPORTING SERVICES PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97
AGING AND ADULT SERVICES PROGRAM . . . . . . . .81
ALCOHOL AND SUBSTANCE ABUSE PROGRAM . . 88
CHILDREN AND FAMILY SERVICES PROGRAM . . .56
DEVELOPMENTAL DISABILITIES PROGRAM . . . . . 74
ECONOMIC SERVICES PROGRAM . . . . . . . . . . . . . . . 86
JUVENILE REHABILITATION PROGRAM . . . . . . . . . 61
MEDICAL ASSISTANCE PROGRAM . . . . . . . . . . . . . . 90
MENTAL HEALTH PROGRAM . . . . . . . . . . . . . . . . . . . 65
PAYMENTS TO OTHER AGENCIES PROGRAM . . . . 99
VOCATIONAL REHABILITATION PROGRAM . . . . . .97
DEPARTMENT OF VETERANS AFFAIRS . . . . . . . . . . . . 109
EASTERN WASHINGTON STATE HISTORICAL SOCIETY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .237
EASTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . 221
ECONOMIC AND REVENUE FORECAST COUNCIL . . . . 32
EMPLOYMENT SECURITY DEPARTMENT . . . . . . . . . . 125
ENVIRONMENTAL HEARINGS OFFICE . . . . . . . . . . . . .136
FOR THE OFFICE OF FINANCIAL MANAGEMENT
CONTRIBUTIONS TO RETIREMENT SYSTEMS . . .247
PENSION FUNDING STABILIZATION ACCOUNT . 247
PERSONNEL LITIGATION SETTLEMENT . . . . . . . . 246
VETERANS INNOVATIONS PROGRAM ACCOUNT 248
FORENSIC INVESTIGATION COUNCIL . . . . . . . . . . . . . . .45
GOVERNOR
EMERGENCY COMMUNICATIONS INTEROPERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .243
LIFE SCIENCES DISCOVERY FUND AUTHORITY .244
GOVERNOR'S OFFICE OF INDIAN AFFAIRS . . . . . . . . . . 17
GROWTH MANAGEMENT HEARINGS BOARD . . . . . . . . 52
HIGHER EDUCATION COORDINATING BOARD
FINANCIAL AID AND GRANT PROGRAMS . . . . . . 230
POLICY COORDINATION AND ADMINISTRATION 229
HOME CARE QUALITY AUTHORITY . . . . . . . . . . . . . . . 111
HORSE RACING COMMISSION . . . . . . . . . . . . . . . . . . . . . .46
HOUSE OF REPRESENTATIVES . . . . . . . . . . . . . . . . . . . . . . 1
HUMAN RIGHTS COMMISSION . . . . . . . . . . . . . . . . . . . . 103
INCENTIVE SAVINGS
FY 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248
FY 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248
INDETERMINATE SENTENCE REVIEW BOARD . . . . . .108
INSURANCE COMMISSIONER . . . . . . . . . . . . . . . . . . . . . . 45
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134
JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE 2
JOINT LEGISLATIVE SYSTEMS COMMITTEE . . . . . . . . . .5
LAW LIBRARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
LIEUTENANT GOVERNOR . . . . . . . . . . . . . . . . . . . . . . . . . .14
LIQUOR CONTROL BOARD . . . . . . . . . . . . . . . . . . . . . . . . .46
MILITARY DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . .48
OFFICE OF ADMINISTRATIVE HEARINGS . . . . . . . . . . . 36
OFFICE OF CIVIL LEGAL AID . . . . . . . . . . . . . . . . . . . . . . .10
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . . .32
CONTRIBUTIONS TO RETIREMENT SYSTEMS . . .245
ENERGY FREEDOM ACCOUNT . . . . . . . . . . . . . . . . 245
FIRE CONTINGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . 241
FIRE CONTINGENCY POOL . . . . . . . . . . . . . . . . . . . .241
WASHINGTON HOUSING TRUST FUND . . . . . . . . . 246
OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
OFFICE OF PUBLIC DEFENSE . . . . . . . . . . . . . . . . . . . . . . .10
OFFICE OF THE GOVERNOR . . . . . . . . . . . . . . . . . . . . . . . .11
OFFICE OF THE STATE ACTUARY . . . . . . . . . . . . . . . . . . . 6
PERSONNEL APPEALS BOARD . . . . . . . . . . . . . . . . . . . . . 38
PUBLIC DISCLOSURE COMMISSION . . . . . . . . . . . . . . . . 14
PUBLIC EMPLOYMENT RELATIONS COMMISSION . . . 51
SECRETARY OF STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SENATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
SENTENCING GUIDELINES COMMISSION . . . . . . . . . . 124
SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE . . . . . . . . . . . . . . . . . . . . . . . . 235
STATE AUDITOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
STATE CONVENTION AND TRADE CENTER . . . . . . . . . .52
STATE HEALTH CARE AUTHORITY . . . . . . . . . . . . . . . . .99
STATE INVESTMENT BOARD . . . . . . . . . . . . . . . . . . . . . . .40
STATE PARKS AND RECREATION COMMISSION . . . .132
STATE PATROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153
STATE SCHOOL FOR THE BLIND . . . . . . . . . . . . . . . . . . 237
STATE SCHOOL FOR THE DEAF . . . . . . . . . . . . . . . . . . . 238
STATE TREASURER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
BOND RETIREMENT AND INTEREST . . . . . . . .239, 240
COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
FEDERAL REVENUES FOR DISTRIBUTION . . . . . . 252
MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
STATE REVENUES FOR DISTRIBUTION . . . . . . . . .250
TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253, 255
STATUTE LAW COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . 6
STRATEGIC PURCHASING STRATEGY . . . . . . . . . . . . . .244
SUNDRY CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
SUPERINTENDENT OF PUBLIC INSTRUCTION . . . . . . 155
BASIC EDUCATION EMPLOYEE COMPENSATION 170
EDUCATION REFORM PROGRAMS . . . . . . . . . . . . . .188
EDUCATIONAL SERVICE DISTRICTS . . . . . . . . . . . .185
GENERAL APPORTIONMENT . . . . . . . . . . . . . . . . . . .163
INSTITUTIONAL EDUCATION PROGRAMS . . . . . . .186
LEARNING ASSISTANCE PROGRAM . . . . . . . . . . . . 197
LOCAL EFFORT ASSISTANCE . . . . . . . . . . . . . . . . . . 186
PROGRAMS FOR HIGHLY CAPABLE STUDENTS . .187
PROMOTING ACADEMIC SUCCESS . . . . . . . . . . . . . 199
PUPIL TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . 177
SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
SCHOOL FOOD SERVICE PROGRAMS . . . . . . . . . . .179
SPECIAL EDUCATION PROGRAMS . . . . . . . . . . . . . .180
STUDENT ACHIEVEMENT PROGRAM . . . . . . . . . . .202
TRANSITIONAL BILINGUAL PROGRAMS . . . . . . . . 196
SUPREME COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
THE EVERGREEN STATE COLLEGE . . . . . . . . . . . . . . .224
UNIVERSITY OF WASHINGTON . . . . . . . . . . . . . . . . . . . .213
UTILITIES AND TRANSPORTATION COMMISSION . . . .48
WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
WASHINGTON STATE ARTS COMMISSION . . . . . . . . . .236
WASHINGTON STATE HISTORICAL SOCIETY . . . . . . . 236
WASHINGTON STATE LOTTERY . . . . . . . . . . . . . . . . . . . .37
WASHINGTON STATE UNIVERSITY . . . . . . . . . . . . . . .217
WESTERN WASHINGTON UNIVERSITY . . . . . . . . . . . .227
WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD . . . . . . . . . . . . . . . . . . . . . . . . .235"
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Prentice moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6386 and request of the House a conference thereon.
The President declared the question before the Senate to be motion by Senator Prentice that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6386.
The motion by Senator Prentice carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6386 and requested 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. 6386 and the House amendment(s) thereto: Senators Senator Prentice, Doumit and Zarelli.
MOTION
On motion of Senator Eide, the appointments to the conference committee were confirmed.
MOTION
On motion of Senator Mulliken, Senator Oke was excused.
MOTION
On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.
EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.
March 1, 2006
MESSAGE FROM THE HOUSE
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6144, with the following amendment(s) 6144-S AMH CJC H5382.1
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. 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. 2. RCW 9A.44.130 and 2005 c 380 s 1 are each amended to read as follows:
(1)(a) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.
(b) Any adult or juvenile who is required to register under (a) of this subsection:
(i) Who is attending, or planning to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW shall, within ten days of enrolling or prior to arriving at the school to attend classes, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the school, and the sheriff shall promptly notify the principal of the school;
(ii) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution;
(iii) Who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution.
(c) Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, or a public or private school regulated under Title 28A RCW or chapter 72.40 RCW on September 1, 2006, must notify the county sheriff immediately.
(d) The sheriff shall notify the school's principal or institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(e)(i) A principal receiving notice under this subsection must disclose the information received from the sheriff under (b) of this subsection as follows:
(A) If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of any student required to register under (a) of this subsection and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;
(B) If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student's record.
(ii) Any information received by a principal or school personnel under this subsection is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any powers pursuant to RCW ((4.24.500)) 4.24.550 upon the public safety department of any public or private school or institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within ((thirty)) three business days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes for offenses committed before, on, or after February 28, 1990, or Washington state for offenses committed before, on, or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed before, on, or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
When an offender registers under this subsection (4)(a)(v), the county sheriff shall provide written notice to the offender that he or she is subject to Washington law for any new felony he or she commits within the state. The county sheriff shall require that the offender sign the notice and shall retain the signed copy of the notice as verification that the offender has received it. The county sheriff shall give a copy of the signed notice to the offender for his or her retention. The fact that an offender has or has not received the notice required under this subsection does not prohibit, or in any way limit, the ability of Washington or any other jurisdiction to prosecute the offender for any crimes committed in this state. The notice must be in at least ten point type and must be in substantially the following form:
NOTICE
AS A NEW OR RETURNING RESIDENT OF WASHINGTON STATE, YOU ARE SUBJECT TO WASHINGTON LAW FOR ANY NEW FELONY YOU COMMIT WITHIN THE STATE. ANY PRIOR CONVICTIONS YOU HAVE FROM OTHER JURISDICTIONS MAY AFFECT THE MANNER IN WHICH YOU ARE SENTENCED IN WASHINGTON. FOR EXAMPLE, YOUR SENTENCE FOR A NEW FELONY COMMITTED IN WASHINGTON COULD BE LIFE WITHOUT THE POSSIBILITY OF PAROLE IF YOUR CRIMINAL HISTORY INCLUDES A CONVICTION FROM WASHINGTON OR ANY OTHER JURISDICTION THAT WOULD BE CONSIDERED A "STRIKE" UNDER WASHINGTON'S PERSISTENT OFFENDER LAW. A LIST OF STRIKE OFFENSES MAY BE FOUND IN THE DEFINITION OF "PERSISTENT OFFENDER" IN RCW 9.94A.030.
SIGNATURE:
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(12) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a peace officer, including a county sheriff, or law enforcement agency, for failing to release information authorized under this section.
NEW SECTION. Sec. 3. This act takes effect September 1, 2006."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Regala moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6144 and ask the House to recede therefrom.
The President declared the question before the Senate to be motion by Senator Regala that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6144 and ask the House to recede therefrom.
The motion by Senator Regala carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6144 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 1, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6257, with the following amendments{s} 6257-S AMH CL CORD 293, 6257-S AMH HUDG CORD 302.
On page 2, line 2, after "of a" strike "security officer" and insert "private security guard"
On page 2, beginning on line 3, strike all of section 2
Correct the title.
On page 2, line 2, after "officer" insert ". For purposes of this subsection, "guest services or crowd management employees" include ushers, ticket takers, parking lot attendants, and other persons employed to perform similar job duties as identified by department rules adopted in consultation with interested parties"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Delvin moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6257 and ask the House to recede therefrom.
Senators Delvin spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Delvin that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6257 and ask the House to recede therefrom.
The motion by Senator Delvin carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6257 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6330, with the following amendments{s} 6330-S AMH APP H5453.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that in order to promote international trade and enhance the work of Washington's international trade offices, college and graduate students should be provided an opportunity to gain experience in international trade by assisting Washington businesses enter foreign markets.
NEW SECTION. Sec. 2. (1) The department of community, trade, and economic development shall research alternative funding sources for the purpose of instituting an international trade corps fellowship program in collaboration with other public and private entities, including, but not limited to, the international programs at institutions of higher education.
(2) The department shall submit a report to the legislature by December 1, 2007, with recommendations regarding instituting an international trade corps fellowship program without the use of state general fund moneys. The report should also include recommendations regarding the number of fellows participating each year, the cost of administrating the program, and the criteria for the selection of candidates."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Shin moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6330 and ask the House to recede therefrom.
MOTION
On motion of Senator Finkbeiner, Senator McCaslin was excused.
Senators Shin and Pflug spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Shin that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6330 and ask the House to recede therefrom.
The motion by Senator Shin carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6330 and asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6680, with the following amendments{s} 6680 AMH . . . . H5456.2.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.20.037 and 2004 c 273 s 3 are each amended to read as follows:
(1) No later than ((January 1, 2006,)) two years after full implementation of the provisions of Title II of P.L. 109-13, improved security for driver's licenses and personal identification cards (Real ID), as passed by Congress May 10, 2005, the department shall implement a voluntary biometric matching system for driver's licenses and identicards. ((The)) A biometric matching system shall be used only to verify the identity of an applicant for a renewal or duplicate driver's license or identicard by matching a biometric identifier submitted by the applicant against the biometric identifier submitted when the license was last issued. This project requires a full review by the information services board using the criteria for projects of the highest visibility and risk.
(2) ((The)) Any biometric matching system selected by the department shall be capable of highly accurate matching, and shall be compliant with biometric standards established by the American association of motor vehicle administrators.
(3) The biometric matching system selected by the department must incorporate a process that allows the owner of a driver's license or identicard to present a personal identification number or other code along with the driver's license or identicard before the information may be verified by a third party, including a governmental entity.
(4) Upon the establishment of a biometric driver's license and identicard system as described in this section, the department shall allow every person applying for an original, renewal, or duplicate driver's license or identicard to voluntarily submit a biometric identifier. Each applicant shall be informed of all ways in which the biometric identifier may be used, all parties to whom the identifier may be disclosed and the conditions of disclosure, the expected error rates for the biometric matching system which shall be regularly updated as the technology changes or empirical data is collected, and the potential consequences of those errors. The department shall adopt rules to allow applicants to verify the accuracy of the system at the time that biometric information is submitted, including the use of at least two separate devices.
(5) The department may not disclose biometric information to the public or any governmental entity except when authorized by court order.
(6) All biometric information shall be stored with appropriate safeguards, including but not limited to encryption.
(7) The department shall develop procedures to handle instances in which the biometric matching system fails to verify the identity of an applicant for a renewal or duplicate driver's license or identicard. These procedures shall allow an applicant to prove identity without using a biometric identifier.
(8) Any person who has voluntarily submitted a biometric identifier may choose to discontinue participation in the biometric matching program at any time, provided that the department utilizes a secure procedure to prevent fraudulent requests for a renewal or duplicate driver's license or identicard. When the person discontinues participation, any previously collected biometric information shall be destroyed.
(9) ((If Engrossed Substitute Senate Bill No. 5428 or House Bill No. 1681 is enacted into law,)) This section does not apply when an applicant renews his or her driver's license or identicard by mail or electronic commerce."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Brandland moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6680 and ask the House to recede therefrom.
Senators Brandland and Haugen spoke in favor of the motion.
Senators spoke against the motion.
The President declared the question before the Senate to be motion by Senator Brandland that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6680 and ask the House to recede therefrom.
The motion by Senator Brandland carried and the Senate refused to concur in the House amendment(s) to Senate Bill No. 6680 and asked the House to recede therefrom.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Mulliken moved adoption of the following resolution:
SENATE RESOLUTION
8710
By Senators Mulliken, Deccio, Regala, Rasmussen, Shin, Esser, Prentice, Doumit and McAuliffe
WHEREAS, Catholic education is an integral part of the mission of the Catholic Church, and its strong commitment to students and educational excellence is of great value to the State of Washington; and
WHEREAS, Catholic school educators have been enriching students' lives in Washington State for more than one hundred fifty years, beginning with the Sisters of Providence at Fort Vancouver; and
WHEREAS, Catholic schools throughout the state provide thousands of students a safe and thriving environment in which they can obtain quality education; and
WHEREAS, Catholic schools are committed to serving students of diverse backgrounds, and the Catholic community generously continues to strive toward making its schools available, accessible, and affordable; and
WHEREAS, Catholic schools encourage and prepare students to obtain high levels of achievement through religious, academic, and cocurricular programs; and
WHEREAS, Catholic schools across the State of Washington have almost twenty-nine thousand prekindergarten through high school students receiving an exceptional education in ninety-three elementary and secondary schools; and
WHEREAS, Catholic school educators are dedicated to producing academically strong students who also commit themselves to service; and
WHEREAS, Catholic schools have trained many of our finest leaders throughout this state and nation; and
WHEREAS, Catholic schools have been nationally recognized by the United States Department of Education as "Schools of Excellence"; and
WHEREAS, Catholic schools across the nation are celebrating "Catholic Schools Week 2006: Character. Compassion. Values.";
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the Catholic schools of Washington State and honor their academic excellence and faith-based instruction during this celebration of Catholic Schools Week, Sunday, January 29, 2006, through Saturday, February 4, 2006; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the school departments at the Archdiocese of Seattle, the Diocese of Spokane, the Diocese of Yakima, and the Washington State Catholic Conference.
Senators Mulliken, McAuliffe, Deccio, Rasmussen and Shin spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8710.
The motion by Senator Mulliken carried and the resolution was adopted by voice vote.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5042,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5204,
SECOND SUBSTITUTE SENATE BILL NO. 5717,
SUBSTITUTE SENATE BILL NO. 5838,
SUBSTITUTE SENATE BILL NO. 6168,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6189,
ENGROSSED SENATE BILL NO. 6376,
SUBSTITUTE SENATE BILL NO. 6382,
SUBSTITUTE SENATE BILL NO. 6401,
SUBSTITUTE SENATE BILL NO. 6417,
SUBSTITUTE SENATE BILL NO. 6441,
SUBSTITUTE SENATE BILL NO. 6473,
SUBSTITUTE SENATE BILL NO. 6570,
SUBSTITUTE SENATE BILL NO. 6571,
SUBSTITUTE SENATE BILL NO. 6572,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6580,
ENGROSSED SENATE BILL NO. 6606,
SUBSTITUTE SENATE BILL NO. 6670,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6679,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6776,
SUBSTITUTE SENATE BILL NO. 6791,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6802,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6870,
ENGROSSED SENATE JOINT MEMORIAL NO. 8019,
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED HOUSE BILL NO. 1069,
SECOND SUBSTITUTE HOUSE BILL NO. 1384,
FOURTH SUBSTITUTE HOUSE BILL NO. 1483,
SUBSTITUTE HOUSE BILL NO. 2033,
SUBSTITUTE HOUSE BILL NO. 2233,
SECOND SUBSTITUTE HOUSE BILL NO. 2342,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2352,
SUBSTITUTE HOUSE BILL NO. 2402,
SUBSTITUTE HOUSE BILL NO. 2407,
SUBSTITUTE HOUSE BILL NO. 2426
SUBSTITUTE HOUSE BILL NO. 2446,
SECOND SUBSTITUTE HOUSE BILL NO. 2498,
SUBSTITUTE HOUSE BILL NO. 2500,
SUBSTITUTE HOUSE BILL NO. 2537,
ENGROSSED HOUSE BILL NO. 2579,
SUBSTITUTE HOUSE BILL NO. 2654,
SECOND SUBSTITUTE HOUSE BILL NO. 2789,
SUBSTITUTE HOUSE BILL NO. 2817,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2848,
SUBSTITUTE HOUSE BILL NO. 2867,
SUBSTITUTE HOUSE BILL NO. 2917,
SUBSTITUTE HOUSE BILL NO. 2958,
SECOND SUBSTITUTE HOUSE BILL NO. 2964,
SUBSTITUTE HOUSE BILL NO. 2973,
SUBSTITUTE HOUSE BILL NO. 3113,
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5042,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5204,
SECOND SUBSTITUTE SENATE BILL NO. 5717,
SUBSTITUTE SENATE BILL NO. 5838,
SUBSTITUTE SENATE BILL NO. 6168,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6189,
ENGROSSED SENATE BILL NO. 6376,
SUBSTITUTE SENATE BILL NO. 6382,
SUBSTITUTE SENATE BILL NO. 6401,
SUBSTITUTE SENATE BILL NO. 6417,
SUBSTITUTE SENATE BILL NO. 6441,
SUBSTITUTE SENATE BILL NO. 6473,
SUBSTITUTE SENATE BILL NO. 6570,
SUBSTITUTE SENATE BILL NO. 6571,
SUBSTITUTE SENATE BILL NO. 6572,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6580,
ENGROSSED SENATE BILL NO. 6606,
SUBSTITUTE SENATE BILL NO. 6670,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6679,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6776,
SUBSTITUTE SENATE BILL NO. 6791,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
At 12:26 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 2:02 p.m. by President Owen.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6241, with the following amendments{s} 6241-S AMH TR Strike everything after the enacting clause and insert the following:
"2005-07 BIENNIUM
Sec. 1 2005 c 313 s 1 (uncodified) is amended to read as follows:
(1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2007.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
(a) "Fiscal year 2006" or "FY 2006" means the fiscal year ending June 30, 2006.
(b) "Fiscal year 2007" or "FY 2007" means the fiscal year ending June 30, 2007.
(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 not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability program committee.GENERAL GOVERNMENT AGENCIES -- OPERATING
NEW SECTION. Sec. 101 A new section is added to 2005 c 313 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $217,000
Sec. 102 2005 c 313 s 102 (uncodified) is amended to read as follows:
FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--State
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . (($390,000))
$394,000
The appropriation in this section is subject to the following conditions and limitations: To address its growing caseload, the marine employees commission shall develop a plan for prioritizing cases to schedule for hearings. The commission shall report back to the transportation committees of the legislature on its case prioritization plan by December 15, 2005.
Sec. 103 2005 c 313 s 104 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($329,000))
$330,000
The appropriation in this section is subject to the following conditions and limitations: (($329,000)) $330,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the motor fuel quality program.
Sec. 104 2005 c 313 s 105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($200,000))
$487,000
The appropriation in this section is subject to the following conditions and limitations:
(1) ((If Second Substitute Senate Bill No. 5056 is not enacted by June 30, 2005, the entire appropriation shall lapse.
(2) The entire)) $200,000 of the motor vehicle account--stateappropriation is for additional staffing costs to be dedicated to state transportation activities. Furthermore, any staff hired to support transportation activities must have practical experience with complex construction projects.
(2) $236,000 of the motor vehicle account--state appropriation is provided solely for legal expenses related to the Lower Elwha Klallam Tribe v. Washington (graving dock) case. (3) $51,000 of the motor vehicle account--state appropriation is provided solely for a pilot project testing remote sensing technology in archeological investigations and surveys for transportation projects.
NEW SECTION. Sec. 105 A new section is added to 2005 c 313 (uncodified) to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $50,000
The appropriation in this section is subject to the following conditions and limitations: The total appropriation is provided solely for an evaluation of the current business needs of the legislative transportation fiscal committee staffs with respect to the transportation executive information system (TEIS). The committee shall work with the staffs of the transportation committees, the office of financial management, and the department of transportation to perform the evaluation. Results of the evaluation, including any recommendation for system improvements and usability, shall be submitted to the transportation committees of the legislature and the office of financial management by December 1, 2006.
GENERAL GOVERNMENT AGENCIES--CAPITAL
Sec. 106 2005 c 313 s 106 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,400,000))
$1,000,000
The appropriation in this section is subject to the following conditions and limitations:
(1) (($1,300,000)) $900,000 of the motor vehicle account--state appropriation is a one-time appropriation and is provided solely for the SR 14 interchange portion of the Beacon Rock state park entrance road project. Any portion of the appropriation not expended by June 30, 2007, shall revert to the motor vehicle account--state.
(2) $100,000 of the appropriation is provided solely for road work on state route 20 at Deception Pass state park.
TRANSPORTATION AGENCIES -- OPERATING
Sec. 201 2005 c 313 s 201 (uncodified) is amended to read as follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($2,135,000))
$2,145,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($15,828,000))
$15,833,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,300,000
Bicycle and Pedestrian Safety Account--State
Appropriation . . . . . . . . . . . . $40,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($21,303,000))
$21,318,000
The appropriations in this section are subject to the following conditions and limitations: The Washington traffic safety commission shall contract with the Washington state institute for public policy to conduct a study of the impact of state programs concerning the reduction of DUI recidivism. The study must include, on a prioritized basis to the extent federal funds are made available for the study, the following components: (1) The state's existing deferred prosecution program; (2) the state's vehicle impound program; and (3) other states' programs that restrict a person's access to the vehicle, or suspend the vehicle license and registration, upon arrest or conviction.
The completed study must be submitted to the appropriate legislative committees by December 1, 2006.
Sec. 202 2005 c 313 s 202 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($821,000))
$823,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,942,000))
$1,950,000
County Arterial Preservation Account -- State Appropriation . . . . . . . . . . . . (($777,000))
$780,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,540,000))
$3,553,000
Sec. 203 2005 c 313 s 203 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($1,624,000))
$1,630,000
Transportation Improvement Account -- State Appropriation . . . . . . . . . . . . (($1,625,000))
$1,632,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,249,000))
$3,262,000
Sec. 204 2005 c 313 s 204 (uncodified) is amended to read as follows:
FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account -- State Appropriation . . . . . . . . . . . . (($417,000))
$1,020,000
The appropriation in this section is subject to the following conditions and limitations: $500,000 of the appropriation is provided solely for stipends to trainees in the training program as set forth in rules adopted by the board; however, if Engrossed Substitute Senate Bill No. 6870 (pilot trainees stipends) is enacted by June 30, 2006, then $600,000 of the total appropriation provided in this act shall lapse and the appropriation provided in Engrossed Substitute Senate Bill No. 6870 shall govern.
Sec. 205 2005 c 313 s 205 (uncodified) is amended to read as follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,400,000))
$1,763,000
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $200,000 of the total appropriation is provided solely for the joint transportation committee to conduct a finance study of the Washington state ferry system. The purpose of the study is to facilitate policy discussions and decisions by members of the legislature regarding the Washington state ferry system. The legislature recognizes there is a need within the Washington state ferry system for predictable cash flows, transparency, assessment of organizational structure, verification that the Washington state ferry system is operating at maximum efficiency, and better labor relations. The committee shall report the study to the house of representatives and senate transportation committees by December 1, 2006.
(b) The study must include, at a minimum, a review and evaluation of the ferry system's financial plan, including current assumptions and past studies, in the following areas:
(i) Operating program, including ridership, revenue, and cost forecasts and the accuracy of those forecasts; and
(ii) Capital program, including project scoping, prioritization and cost estimating, project changes including legislative input regarding significant project changes, and performance measures.
(c) In addition to committee members, or their designees, the governor shall appoint a representative for this study. The committee may retain consulting services to assist the committee in conducting the study, including the evaluation of financial, operating, and capital plans. The committee may also appoint other persons to assist with the study.
(2) The joint transportation committee shall conduct a study regarding the feasibility of a statewide uniform motor vehicle excise tax (MVET) depreciation schedule. In addition to committee members, the participants in the study must include at a minimum the following individuals: (a) A representative of a regional transit authority (Sound Transit); (b) a representative of a regional transportation planning organization; (c) the secretary of transportation, or his or her designee; (d) a representative of the attorney general's office; (e) a representative of the department of licensing; and (f) a representative of the financial community. The purpose of the study is to develop an MVET depreciation schedule that more accurately reflects vehicle value but does not hinder outstanding contractual obligations.
(3) Funds provided in this section are sufficient for the committee to administer a study of the most reliable and cost-effective means of providing passenger-only ferry service.
(a) The study shall be guided by a 18 member task force consisting of the chairs and ranking members of the house of representatives and senate transportation committees, a designee of the director of the office of financial management, a member of the transportation commission, a designee of the secretary of transportation, a representative of organized labor, and ten stakeholders to be appointed by the governor as follows: Six representatives of ferry user communities, two representatives of public transportation agencies, and two representatives of commercial ferry operators.
(b) The study shall examine issues including but not limited to the long-term viability of different service providers, cost to ferry passengers, the state subsidies required by each provider, and the availability of federal funding for the different service providers.
(c) By November 30, 2005, the task force shall make its recommendations to the house of representatives and senate transportation committees.
(4) $450,000 of the motor vehicle account--state appropriation is provided solely to administer a consultant study of the long-term viability of the state's transportation financing methods and sources.
(a) At a minimum, the study must examine the following: (i) The short and long-term viability of the motor fuel tax (both state and federal) as a major source of funding for transportation projects and programs; (ii) the desirability and effectiveness of state-distributed transportation funds for the benefit of local units of government; (iii) the potential for alternative and/or emerging sources of transportation revenues, with particular emphasis on user-based fees and charges; and (iv) trends and implications of debt financing for transportation projects. The scope of work for the study may be expanded to include analysis of other financing issues relevant to the long-term viability of the state's transportation system.
(b) The findings and recommendations must be submitted to the fiscal committees of the legislature by ((November 1, 2006)) January 1, 2007.
(5) $84,000 of the motor vehicle account--state appropriation is provided solely to contract with the joint legislative audit and review committee for a review of the organization, decision-making processes, and performance measures of the traffic safety commission. The study will include an analysis of the role of commissioners and staff and the process for prioritizing the commission's initiatives.
(6) $75,000 of the motor vehicle account--state appropriation is provided solely to contract with the Washington state institute for public policy for a review of existing research on programs and policies which decrease accidents by teenage drivers, including but not limited to publicly operated driver education and intermediate drivers licensing programs. The institute shall also evaluate the costs and benefits of programs and policies showing the greatest positive impact on teenage driving safety.
Sec. 206 2005 c 313 s 206 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,607,000))
$3,702,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . $1,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,757,000))
$4,852,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,500,000 of the motor vehicle fund account--state appropriation is provided solely for a comprehensive tolling study. The transportation commission, with the technical assistance of the department, must conduct a study of the state's transportation system to determine the feasibility of administering tolls on specific transportation facilities or a network of facilities. This study shall serve as the statewide tolling feasibility study required in Engrossed Substitute House Bill No. 1541, and shall serve as the tolling study necessary to implement toll facilities within a regional transportation investment district or its successor entity.
(a) The study must include an analysis of the only currently-authorized toll facility, the Tacoma Narrows bridge project. The study findings must include (i) the development of more uniform and equitable policies regarding the distribution of financial obligations imposed on those paying the tolls on the Tacoma Narrows bridge, and (ii) opportunities and options for reducing the outstanding indebtedness on the bridge project, including the possibility of buy-downs and other means of spreading the cost of the project more equitably.
(b) The study element for the benefit of a regional transportation investment district or regional transportation improvement authority must also address the state highway system and other transportation facilities in King, Pierce, and Snohomish counties to determine the feasibility of value pricing on a facility or network of facilities. This study element should: (i) Determine the potential for value pricing to generate revenues for needed transportation facilities; (ii) maximize the efficient operation of facilities and the transportation network; and (iii) provide economic indicators for future system investments. This element of the study must take into account congestion levels, facility and corridor capacity, time of use, economic considerations, and other factors deemed appropriate. The study must recommend any additional laws, rules, procedures, resources, studies, reports, or support infrastructure necessary or desirable before proceeding with the review, evaluation, or implementation of any toll projects or a system-wide, value priced transportation structure.
(c) The study must specifically analyze the potential for a toll facility on SR 704, the cross-base highway located in Pierce county.
(2) (($2,270,000)) $1,362,000 of the motor vehicle account--state appropriation is provided solely for the transportation performance audit board. ((Within this amount, the transportation performance audit board shall conduct a study and make recommendations to the legislature regarding the modification RCW 47.01.012, state transportation goals and benchmarks. In conducting the study, the board shall consider at a minimum: Original recommendations of the Blue Ribbon Commission on Transportation; the current policy goals and benchmark categories; the goals outlined in Substitute House Bill No. 1969; the recent work related to benchmarks completed by the transportation commission and the Washington state department of transportation; the measures review completed by TPAB; and best practices.
The board shall submit study results, including any legislative recommendations, to the transportation committees of the legislature by January 1, 2006.))
(3) $1,150,000 of the multimodal account--state appropriation is provided solely for a statewide rail capacity and needs analysis. The purpose of this study is to (a) assess the rail freight and rail passenger infrastructure needs in this state; (b) review the current powers, authorities, and interests the state has in both passenger and freight rail; (c) recommend public policies for state participation and ownership in rail infrastructure and service delivery, including but not limited to planning and governance issues; and (d) develop a rail asset management plan. The commission shall report their findings and conclusions of the study to the transportation committees of the legislature by December 1, 2006.
(4) The transportation commission shall implement tolls on the Tacoma Narrows bridge in the following manner:
(a) For the period when the new bridge is open and the preexisting bridge is undergoing rehabilitation, electronic toll users shall pay a toll of $1.50. All other users will pay a toll of $3.00; and
(b) When all lanes of both bridges are available to vehicles, the toll shall be $3.00 except for commercial vehicles whose toll will be set by the commission.
Sec. 207 2005 c 313 s 207 (uncodified) is amended to read as follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($664,000))
$666,000
The appropriation in this section is subject to the following conditions and limitations: The board shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects funded by this act.
Sec. 208 2005 c 313 s 208 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL -- FIELD OPERATIONS BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($202,530,000))
$202,163,000
State Patrol Highway Account -- Federal Appropriation . . . . . . . . . . . . $10,544,000
State Patrol Highway Account -- Private/Local Appropriation . . . . . . . . . . . . $169,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($213,243,000))
$212,876,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol shall be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol. The patrol shall report to the house of representatives and senate transportation committees by December 31, 2005, on the use of agency vehicles by officers engaging in the off-duty employment specified in this subsection. The report shall include an analysis that compares cost reimbursement and cost-impacts, including increased vehicle mileage, maintenance costs, and indirect impacts, associated with the private use of patrol vehicles.
(2) In addition to the user fees, the patrol shall transfer into the state patrol nonappropriated airplane revolving account under RCW 43.79.470 no more than the amount of appropriated state patrol highway account and general fund funding necessary to cover the costs for the patrol's use of the aircraft. The state patrol highway account and general fund--state funds shall be transferred proportionately in accordance with a cost allocation that differentiates between highway traffic enforcement services and general policing purposes.
(3) The patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account. The patrol shall report the amount of expected locally provided DUI cost reimbursements to the transportation committees of the senate and house of representatives by December 31st of each year.
(4) The state patrol highway account--state appropriation for DUI reimbursements shall only be spent for pursuit vehicle video cameras, datamaster DUI testing equipment, tire deflator equipment, and taser guns. The Washington state patrol prior to the issuance of any taser guns will train the troopers on using the equipment. The agency will provide a report to the transportation committees of the senate and house of representatives by December 31st of each year on the occurrences where the taser guns were utilized along with any issues that have been identified.
(5) $29,000 of the state patrol highway account--state appropriation is provided solely for the implementation of House Bill No. 1469. If House Bill No. 1469 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(6) $5,580,000 of the total appropriation is provided solely for a 3.8% salary increase for commissioned officers effective July 1, 2005, in addition to any other salary increases provided for in this act.
(((8))) (7) The Washington state patrol is authorized to use certificates of participation to fund the King Air aircraft replacement over a term of not more than ten years and an amount not to exceed $1,900,000.
(8)(a) $834,000 of the state patrol highway account--state appropriation is provided solely for the collective bargaining agreement reached between the governor and the Washington state patrol troopers association under chapter 438, Laws of 2005. For commissioned troopers and sergeants covered under this section, funding is provided for a 2.6% salary increase effective July 1, 2006. This increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Provisions of the collective bargaining agreement contained in this subsection are described in general terms. Only major economic terms are included in this description. This description does not contain the complete contents of the agreement. Due to the timing challenges in negotiating the initial collective bargaining agreement under chapter 438, Laws of 2005, this agreement was not concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
(b) $62,000 of the state patrol highway account--state appropriation is provided solely for salary increases for commissioned captains and lieutenants covered under this section, if a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006. The amount provided in this subsection is contingent on an agreement being reached by July 1, 2006, and shall be held in reserve status until the agreement is reached. If an agreement is not reached by July 1, 2006, the amount provided in this subsection shall lapse. If an agreement is reached by July 1, 2006, the increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Due to the timing challenges in negotiating a collective bargaining agreement funded under this subsection, the agreement will not have been concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
(9) The Washington state patrol, in consultation with the department of licensing, local law enforcement agencies, and other appropriate organizations, shall study the options for implementing an inspection program for tow truck operators that are not licensed as registered tow truck operators. This study shall also evaluate prospective sources of funding and the amount of funding necessary for the program. The Washington state patrol shall report to the transportation committees of the legislature by December 1, 2006, on the options, strategies, and recommendations for implementing an inspection program for tow truck operators that are not licensed as registered tow truck operators.
(10) $1,100,000 of the state patrol highway account--state appropriation is provided solely for the implementation of House Bill No. 2682. If House Bill No. 2682 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
NEW SECTION. Sec. 209 A new section is added to 2005 c 313 (uncodified) to read as follows:
FOR THE WASHINGTON STATE PATROL -- INVESTIGATIVE SERVICES BUREAU
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $1,358,000
Sec. 210 2005 c 313 s 209 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($82,748,000))
$91,359,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $2,008,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($84,756,000))
$93,367,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $247,000 of the state patrol highway account--state appropriation is provided solely for the implementation of Second Substitute House Bill No. 1188. If Second Substitute House Bill No. 1188 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(2) The Washington state patrol is instructed to work with the risk management division in the office of financial management in compiling the state patrol data for establishing the agency's risk management insurance premiums to the tort claims account. The office of financial management and the Washington state patrol shall submit a report to the transportation committees of the senate and house of representatives by December 31st of each year on the number of claims, estimated claims to be paid, method of calculation, and the adjustment in the premium.
(3) (($6,228,000 of the total appropriation is provided solely for automobile fuel in the 2005-2007 biennium.
(4))) $8,678,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.
(((5))) (4) $5,254,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.
(((6))) (5) $384,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the patrol.
(6)(a) $28,000 of the state patrol highway account--state appropriation is provided solely for the collective bargaining agreement reached between the governor and the Washington state patrol troopers association under chapter 438, Laws of 2005. For commissioned troopers and sergeants covered under this section, funding is provided for a 2.6% salary increase effective July 1, 2006. This increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Provisions of the collective bargaining agreement contained in this subsection are described in general terms. Only major economic terms are included in this description. This description does not contain the complete contents of the agreement. Due to the timing challenges in negotiating the initial collective bargaining agreement under chapter 438, Laws of 2005, this agreement was not concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
(b) $2,000 of the state patrol highway account--state appropriation is provided solely for salary increases for commissioned captains and lieutenants covered under this section, if a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006. The amount provided in this subsection is contingent on an agreement being reached by July 1, 2006, and shall be held in reserve status until the agreement is reached. If an agreement is not reached by July 1, 2006, the amount provided in this subsection shall lapse. If an agreement is reached by July 1, 2006, the increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Due to the timing challenges in negotiating a collective bargaining agreement funded under this subsection, the agreement will not have been concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
Sec. 211 2005 c 313 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- MANAGEMENT AND SUPPORT SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $3,000
Motorcycle Safety Education Account -- State Appropriation . . . . . . . . . . . . $96,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($82,000))
$95,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($11,418,000))
$11,574,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($7,043,000))
$7,381,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . (($88,000))
$102,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $57,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($18,787,000))
$19,251,000
The appropriations in this section are subject to the following conditions and limitations: $1,134,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
Sec. 212 2005 c 313 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- INFORMATION SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $2,000
Motorcycle Safety Education Account -- State Appropriation . . . . . . . . . . . . $35,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $102,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($20,698,000))
$22,632,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($12,095,000))
$12,135,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $500,000
DOL Services Account -- State Appropriation . . . . . . . . . . . .(($7,825,000))
$5,919,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $728,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($41,985,000))
$41,325,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall submit a report to the transportation committees of the legislature, detailing the progress made in transitioning from the HP3000 system, by December 30, 2005, and each December 1st thereafter until the project is fully completed.
(2) $357,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.
(3) $58,000 of the state wildlife account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5423. If Substitute Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(4) $145,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(5) $8,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 6287 (parking privileges for persons who are legally blind). If Substitute Senate Bill No. 6287 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(6) $15,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2389 (parking privileges for persons with porphyria). If Substitute House Bill No. 2389 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(7) $12,000 of the highway safety account--state appropriation is provided solely for the implementation of House Bill No. 2829 (driver training schools). If House Bill No. 2829 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 213 2005 c 313 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- VEHICLE SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $26,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($626,000))
$627,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($49,894,000))
$51,276,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $872,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . $1,146,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $404,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,968,000))
$54,351,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $247,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.
(2) $11,000 of the wildlife account--state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5423. If Engrossed Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(3) $404,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(4) $37,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 6287 (parking privileges for persons who are legally blind). If Substitute Senate Bill No. 6287 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(5) $5,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2389 (parking privileges for persons with porphyria). If Substitute House Bill No. 2389 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 214 2005 c 313 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- DRIVER SERVICES
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . (($3,005,000))
$3,006,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($85,051,000))
$87,078,000
Highway Safety Account--Federal Appropriation . . . . . . . . . . . . $8,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $1,523,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($89,587,000)) $90,092,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $970,000 of the highway safety account--state appropriation is provided solely for the commercial driver license program. The department shall informally report to the transportation committees of the legislature on the progress made in addressing federal audit findings and in implementing the federal motor carrier safety improvement act. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.
(2) $412,000 of the motorcycle safety and education account--state appropriation is provided solely for the department's motorcycle safety program. The department shall informally report to the transportation committees of the legislature detailing the progress made in implementing national highway traffic safety assessment guidelines. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.
(3) The department of licensing, in consultation with the department of transportation and other stakeholders, shall draft legislation to bring the state into compliance with any federal legislation or rules enacted relative to identification necessary for persons crossing international borders. The department shall report to the transportation committees of the legislature by December 1, 2005, on the recommended legislation for bringing the state into compliance with federal requirements.
(4) $738,000 of the highway safety account--state appropriation is provided solely for the implementation of House Bill No. 2829 (driver training schools). If House Bill No. 2829 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(5) The department shall join in any lawsuits filed by other states seeking funding to implement the provisions of Title II of P.L. 109-13, improved security for driver's license and personal identification cards (Real ID), as passed by Congress May 10, 2005.
Sec. 215 2005 c 313 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
Tacoma Narrows Toll Bridge Account -- State Appropriation . . . . . . . . . . . . (($8,615,000))
$8,124,000
Sec. 216 2005 c 313 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($55,941,000))
$56,295,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,973,000
Puget Sound Ferry Operations Account -- State Appropriation . . . . . . . . . . . . (($8,558,000))
$8,572,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $363,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($66,835,000))
$67,203,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($850,000)) $800,000 of the motor vehicle account--state appropriation is provided solely for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the ((2005)) 2006 legislative interim tocontinue the shift towards a monitoring and reporting system capable of tracking and reporting on major project milestones and measurements. The department shall work with the legislature to identify and define meaningful milestones and measures to be used in monitoring the scope, schedule, and cost of projects. The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in TEIS. The department shall also provide updated information on six project milestones for projects agreed to by the legislature, office of financial management, and the department, and funded with preexisting funds, on a quarterly basis in TEIS.
(2) $350,000 of the motor vehicle account--state appropriation is provided solely for a financial and capital project system needs assessment for future automation development and enhancements. The completed assessment will identify options which shall be presented to the transportation committees of the senate and the house of representatives by December 31, 2005.
(3) The department shall consult with the office of financial management and the department of information services to ensure that (a) the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.
(4) The department shall review its GPS network services and survey data, and evaluate the added benefits of using real-time data from a regional cooperative GPS network.
Sec. 217 2005 c 313 s 216 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($33,499,000))
$33,600,000
Sec. 218 2005 c 313 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($5,632,000))
$7,137,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
((Aircraft Search and Rescue Safety and
Education Account -- State Appropriation . . . . . . . . . . . . $262,000))
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $100,000
Multimodal Transportation Account -- Federal Appropriation . . . . . . . . . . . . $900,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .(($9,044,000))
$10,287,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $433,000 of the aeronautics account--state appropriation is provided solely for airport pavement projects. The department's aviation division shall complete a priority airport pavement project list by January 1, 2006, to be considered by the legislature in the 2006 supplemental budget. If Substitute Senate Bill No. 5414 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(b) ((The entire aircraft search and rescue safety and education account appropriation shall lapse if Substitute Senate Bill No. 5414 is enacted by June 30, 2005.
`(c))) If Substitute Senate Bill No. 5414 is enacted by July 1, 2005, then the remaining unexpended fund balance in the aircraft search and rescue, safety, and education account shall be deposited into the state aeronautics account.
(2) The entire multimodal transportation account--state and federal appropriations are provided solely for implementing Engrossed Substitute Senate Bill No. 5121. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.
Sec. 219 2005 c 313 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($48,961,000))
$52,828,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Account -- State Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($49,711,000))
$53,578,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for the purposes of providing contract services to the association of Washington cities and Washington state association of counties for (a) activities of the transportation permit efficiency and accountability committee, including pilot mitigation banking activities, and (b) other permit delivery efforts.
(2) (($1,475,000)) $1,775,000 of the motor vehicle account--state appropriation is provided solely for the staffing activities of the transportation permit efficiency and accountability committee.
(3) $3,500,000 of the motor vehicle account--state appropriation is provided solely for consultant contracts to assist the department in the delivery of the capital construction program by identifying improvements to program delivery, program management, project controls, program and project monitoring, forecasting, and reporting. The consultants shall work with the department of information services and include department of information services' recommendations in their reports.
The consultants shall develop a capital construction strategic plan, due to the transportation committees of the house of representatives and senate and to the office of financial management, by June 30, 2006.
The consultants shall also coordinate their work with other budget and performance efforts, including Roadmap, the joint transportation committee budget study, the findings of the critical applications modernization and integration strategies study, including proposed next steps, and the priorities of government process.
The department shall report to the transportation committees of the house of representatives and senate, and the office of financial management, by July 31, 2006, on recommended capital budgeting and reporting options. Options must include appropriate project groupings for reporting purposes, and appropriate measures for reporting project progress, timeliness, cost, and criteria and processes for project transfers.
Sec.220 2005 c 313 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . .
(($1,068,000))
$1,072,000
Sec. 221 2005 c 313 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION --HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($296,648,000))
$299,720,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,426,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $4,315,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($302,389,000))
$305,461,000
The appropriations in this section are subject to the following conditions and limitations:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations must be requested to restore state funding for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account -- state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
(3) The department shall request an unanticipated receipt for any private or local funds received for reimbursements of third party damages that are in excess of the motor vehicle account -- private/local appropriation.
(4) Funding is provided for maintenance on the state system to allow for a continuation of the level of service targets included in the 2003-05 biennium. In delivering the program, the department should concentrate on the following areas:
(a) Meeting or exceeding the target for structural bridge repair on a statewide basis;
(b) Eliminating the number of activities delivered in the "f" level of service at the region level;
(c) Reducing the number of activities delivered in the "d" level of service by increasing the resources directed to those activities on a statewide and region basis; and
(d) Evaluating, analyzing, and potentially redistributing resources within and among regions to provide greater consistency in delivering the program statewide and in achieving overall level of service targets.
(5) The department shall develop and implement a plan to improve work zone safety on a statewide basis. As part of the strategy included in the plan, the department shall fund equipment purchases using a portion of the money from the annual OTEF equipment purchasing and replacement process. The department shall also identify and evaluate statewide equipment needs (such as work zone safety equipment) and prioritize any such needs on a statewide basis. Substitute purchasing at the statewide level, when appropriate, shall be utilized to meet those identified needs. The department must report to the transportation committees of the legislature by December 1, 2005, on the plan, and by December 1, 2006, on the status of implementing the plan.
Sec. 222 2005 c 313 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($42,811,000))
$43,847,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $128,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($44,989,000))
$46,025,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis.
(2) The department shall provide directional signs to the Muckleshoot tribal offices on Interstate 5 and State Routes 167 and 410. The Muckleshoot tribe will pay for the signs.
Sec. 223 2005 c 313 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,434,000))
$25,516,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $1,321,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($27,758,000))
$27,840,000
Sec. 224 2005 c 313 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($22,390,000))
$22,602,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $16,756,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . (($2,267,000))
$2,379,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,829,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($6,000,000))
$2,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($50,342,000))
$46,666,000
The appropriations in this section are subject to the following conditions and limitations:
(1) In order to qualify for state planning funds available to regional transportation planning organizations under this section, a regional transportation planning organization containing any county with a population in excess of one million shall provide voting membership on its executive board to any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau, and to any incorporated city within the region with a population in excess of eighty thousand as of July 1, 2005. Additionally, a regional transportation planning organization described under this subsection shall conduct a review of its executive board membership criteria to ensure that the criteria appropriately reflects a true and comprehensive representation of the organization's jurisdictions of significance within the region.
(((3) $2,000,000 of the transportation partnership account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election and department of transportation project oversight. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID. If either Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089 are enacted by June 30, 2005, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2006.
(4))) (2) $175,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department to support the processing and analysis of the backlog of city and county collision reports by January 2006. The amount provided in this subsection shall lapse if federal funds become available for this purpose.
(((5))) (3) $150,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1565. If Engrossed Second Substitute House Bill No. 1565 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(((6))) (4) The department of transportation shall evaluate the number of spaces available for long-haul truck parking relative to current and projected future needs. The department of transportation shall also explore options for augmenting the number of spaces available, including, but not limited to, expanding state-owned rest areas or modifying regulations governing the use of these facilities, utilizing weigh stations and park and ride lots, and encouraging the expansion of the private sector's role. Finally, the department shall explore the utility of coordinating with neighboring states on long-haul truck parking and evaluate methodologies for alleviating any air quality issues relative to the issue. The department must report to the transportation committees of the legislature by December 1, 2005, on the options, strategies, and recommendations for long-haul truck parking.
(((7))) (5) $50,000 of the multimodal transportation account--state appropriation is provided solely for evaluating high-speed passenger transportation facilities and services, including rail or magnetic levitation transportation systems, to connect airports as a means to more efficiently utilize airport capacity, as well as connect major population and activity centers. This evaluation shall be coordinated with the airport capacity and facilities market analysis conducted pursuant to Engrossed Substitute Senate Bill No. 5121 and results of the evaluation shall be submitted by July 1, 2007. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.
(6) The department shall conduct a study of the resources allocated to each of the seven department regions and the corresponding workloads. Given the magnitude of the investments in the Puget Sound region, particular emphasis shall be given to reviewing the resources allocated and corresponding workloads with respect to the urban corridors region and the northwest region. Based on the results of this study, the department shall submit recommendations by December 1, 2006, to the legislature and the office of financial management regarding reallocating resources and revising regional boundaries within the department, as appropriate, in order to better coincide allocated resources with designated regional boundaries.
(7) $1,000,000 of the multimodal transportation account--state appropriation is provided solely for implementing Engrossed Substitute House Bill No. 2871. If Engrossed Substitute House Bill No. 2871 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse. The regional transportation commission's duties to develop, complete, and submit a governance proposal to the 2007 legislature are highly time sensitive. As a result, the director of the office of financial management shall determine that competitive bidding is not cost-effective or appropriate for personal service contracts entered into by the commission, and, by the director's authority under RCW 39.29.011(5), shall exempt any such personal service contract from the competitive bidding requirements of chapter 39.29 RCW.
(8) $2,000,000 of the transportation partnership account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election, not including public outreach activities, and department of transportation project oversight. The department shall provide support from its urban corridors region to assist in preparing project costs, expenditure plans, and modeling. The department shall not deduct a management reserve, nor charge management or overhead fees. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID. If neither Engrossed Substitute House Bill No. 2871 nor Substitute Senate Bill No. 6599 is enacted by June 30, 2006, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2007.
(9) $100,000 of the motor vehicle account--state appropriation is provided solely to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely to conduct an analysis of expanding the transportation concurrency requirements prescribed under the growth management act, chapter 36.70A RCW, to include development impacts on level of service standards applicable to state-owned transportation facilities, including state highways and state ferry routes. The objective of the analysis is to determine how to ensure that jurisdictional divisions do not defeat growth management act concurrency goals. The department shall convene a committee to oversee the analysis, with the committee comprised of, at a minimum, four members of the transportation committees of the legislature, four members of the appropriate land use committees of the legislature, and one member each from the association of Washington cities and the Washington state association of counties, or a designee thereof. The completed study, including recommendations, must be submitted to the appropriate standing committees of the legislature, and to the office of financial management, by December 1, 2006.
(10) The department of transportation, the Washington state economic revenue forecast council, and the office of financial management shall review and adopt a method of forecasting motor vehicle and special fuel prices, revenue, and the amount of consumption that has an increased rate of accuracy as compared to the existing method. The three agencies shall submit a report to the transportation committees of the legislature by December 1, 2006, outlining the methods researched and the criteria utilized to select and adopt the new fuel forecasting method.
Sec. 225 2005 c 313 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES--PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($45,030,000))
$46,874,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($45,430,000))
$47,274,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $31,749,000 of the motor vehicle fund--state appropriation is provided solely for the liabilities attributable to the department of transportation. The office of financial management must provide a detailed accounting of the revenues and expenditures of the self-insurance fund to the transportation committees of the legislature on December 31st and June 30th of each year.
(2) Payments in this section represent charges from other state agencies to the department of transportation.
(a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,667,000
(b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE
AUDITOR . . . . . . . . . . . . (($1,017,000))
$1,026,000
(c) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL
ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED
MAIL SERVICES . . . . . . . . . . . . $4,049,000
(d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . (($3,572,000))
$4,548,000
(e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $31,749,000
(f) FOR PAYMENT OF THE DEPARTMENT OF GENERAL
ADMINISTRATION CAPITAL PROJECTS SURCHARGE . . .
. . . . . . . . . $1,717,000
(g) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $545,000
(h) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . (($1,114,000))
$1,124,000
(i) FOR PAYMENT OF THE DEPARTMENT OF PERSONNEL
HRMS PAYROLL SYSTEM . . . . . . . . . . . . $817,000
(j) FOR PAYMENT OF THE OFFICE OF FINANCIAL
MANAGEMENT ROADMAP CHARGES . . . . . . . . . . . . $12,000
(k) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
CAPITAL BUDGET SYSTEM CHARGES . . . . . . . . . . . . $15,000
(l) FOR PAYMENT OF DEPARTMENT OF INFORMATION SERVICES
RATE INCREASES . . . . . . . . . . . . $5,000
Sec. 226 2005 c 313 s 225 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($62,269,000))
$87,133,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,603,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $155,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($65,027,000))
$89,891,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $25,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.
(a) $5,500,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.
(b) $19,500,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2003 as reported in the "Summary of Public Transportation - 2003" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions. The first $450,000 provided to King county shall be used as follows:
(i) $320,000 shall be used to provide electric buses, instead of diesel buses, for service on Capital Hill in Seattle, Washington through June 30, 2007;
(ii) $130,000 shall be used to provide training for blind individuals traveling through Rainier Valley and the greater Seattle area. The training is to include destination training and retraining due to the expected closure of the downtown bus tunnel and training on how to use the Sound Transit light rail system.
(2) Funds are provided for the rural mobility grant program as follows:
(a) $7,000,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the Summary of Public Transportation - 2003 published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.
(b) $7,000,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.
(3) (($5,000,000)) $8,900,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; no operating costs for public transit agencies are eligible for funding under this grant program. No additional employees may be hired from the funds provided in this section for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. Additional criteria for selecting grants must include leveraging funds other than state funds.
(4) $3,000,000 of the multimodal transportation account--state appropriation is provided solely for the city of Seattle for the Seattle streetcar project on South Lake Union. ((Should the city receive any state funds for this purpose during the 2003-05 or 2005-07 biennium, the amount provided in this subsection must be reduced accordingly.))
(5) $1,200,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 2124. If Engrossed Substitute House Bill No. 2124 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
(6)(a) $20,000,000 of the multimodal transportation account--state appropriation is provided solely for the regional mobility grant projects identified on the LEAP Transportation Document 2006-B, Regional Mobility Grant Program Projects as developed February 27, 2006. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award, shall be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. When funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout, the department shall expeditiously extend new grant awards to qualified alternative projects identified on the list.
(b) Pursuant to the grant program established in ((Engrossed Substitute House Bill No. 2124)) RCW 47.66.030, the department shall issue a call for projects and/or service proposals. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department must submit a prioritized list for funding to the transportation committees of the legislature that reflects the department's recommendation, as well as, a list of all project or service proposals received.
(7) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for new tri-county connection service for Island, Skagit, and Whatcom transit agencies.
(8) $2,000,000 of the multimodal transportation account--state appropriation is provided solely to King county as a state match to obtain federal funding for a car sharing program for persons meeting certain income or employment criteria.
(9) $750,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of the local government and regional transportation planning requirements in Engrossed Substitute House Bill No. 3089 (commute trip reduction). The department may use contract or temporary employees to implement the bill and shall allocate the remaining funds to regional transportation planning organizations, counties, and cities on an as needed basis. If Engrossed Substitute House Bill No. 3089 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
(10) $200,000 of the multimodal account appropriation is provided solely for up to three low-income car ownership programs. The department shall seek to leverage available federal funds from the job access and reverse commute program to augment the funding provided in this subsection. Additionally, the department shall report back to the appropriate committees of the legislature with a review of the obstacles presented by state laws on surplus property disposal to community organizations reconditioning cars and selling those cars at below market rates to low-income families.
Sec. 227 2005 c 313 s 226 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($350,454,000))
$372,254,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $3,660,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($354,114,000))
$375,914,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($57,928,000)) $75,280,000 of the total appropriation is provided solely for auto ferry vessel operating fuel in the 2005-2007 biennium.
(2) ((The total appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2005-2007 biennium may not exceed $222,356,000, plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2006 and $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2007, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2005-2007 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).)) The maximum amount of expenditures for compensation paid to ferry employees during the 2005-2007 biennium shall not exceed $226,455,000. This amount reflects the sole source of state funding available to support the implementation of any collective bargaining agreements or arbitration awards with respect to state ferry employee compensation, including salaries, wages, and employee benefits, during the 2005-2007 biennium, which amount includes $6,223,000 in full satisfaction of the arbitration awards for the 2001-2003 biennium and $1,339,000 for labor productivity gains agreements. The department's use of this expenditure authority constitutes a good faith attempt to implement such agreements and awards, including those applicable to prior biennia. It is the intent of the legislature that the expenditure authority provided in this subsection fully satisfy any agreements or awards required to be implemented during the 2005-2007 biennium, and that the provisions of Substitute House Bill No. 3178 (marine employees collective bargaining) will govern the implementation of agreements or awards effective beginning with the 2007-2009 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's state administrative and accounting manual, chapter 75.70, named under objects of expenditure "A" and "B".
(3) $1,116,000 of the Puget Sound ferry operations account--state appropriation is provided solely for ferry security operations necessary to comply with the ferry security plan submitted by the Washington state ferry system to the United States coast guard. The department shall track security costs and expenditures. Ferry security operations costs shall not be included as part of the operational costs that are used to calculate farebox recovery.
(4) The Washington state ferries must work with the department's information technology division to implement an electronic fare system, including the integration of the regional fare coordination system (smart card). Each December and June, semi-annual updates must be provided to the transportation committees of the legislature concerning the status of implementing and completing this project, with updates concluding the first December after full project implementation.
(5) The Washington state ferries shall continue to provide service to Sidney, British Columbia.
(6) $3,660,000 of the multimodal transportation account--state appropriation is provided solely to provide passenger-only ferry service. The ferry system shall continue passenger-only ferry service from Vashon Island to Seattle through June 30, 2007. Beginning September 1, 2005, ferry system management shall implement its agreement with the Inlandboatmen's Union of the Pacific and the International Organization of Masters, Mates and Pilots providing for part-time passenger-only work schedules. ((Funds may not be spent to implement the results of the passenger-only ferry study conducted by the joint transportation committee provided in section 205 of this act until approved by the legislature.))
(7) $350,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the implementation of Substitute House Bill No. 3178 (marine employees collective bargaining). If Substitute House Bill No. 3178 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
Sec. 228 2005 c 313 s 227 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($36,420,000))
$36,826,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $29,091,000 of the multimodal transportation account -- state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.
(2) $2,750,000 of the multimodal transportation account--state appropriation is provided solely for a new round trip rail service between Seattle and Portland beginning July 1, 2006.
(3) No AMTRAK Cascade runs may be eliminated.
(4) (($200,000)) $40,000 of the multimodal transportation account--state appropriation is provided solely for the produce railcar program. The department is encouraged to implement the produce railcar program by maximizing private investment.
Sec. 229 2005 c 313 s 228 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($7,947,000))
$8,500,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,597,000
Multimodal Transportation Account--State Appropriation . . . . .
. . . . . . . (($211,000))
$411,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,755,000))
$11,508,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $211,000 of the motor vehicle account--state appropriation and (($211,000)) $411,000 of the multimodal transportation account--state appropriation are provided solely for the state's contribution to county and city studies of flood hazards in association with interstate highways. First priority shall be given to threats along the I-5 corridor.
(2) $525,000 of the motor vehicle account--state appropriation is provided solely to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for contract services with the association of Washington cities and the Washington state association of counties for improving transportation permitting and mitigation processes.
TRANSPORTATION AGENCIES--CAPITAL
Sec. 301 2005 c 313 s 302 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($67,933,000))
$64,933,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $355,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($30,392,000))
$32,697,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($98,680,000))
$97,985,000
The appropriations in this section are subject to the following conditions and limitations: $355,000 of the motor vehicle account--state appropriation is provided for county ferries as set forth in RCW 47.56.725(4).
Sec. 302 2005 c 313 s 303 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($99,425,000))
$101,425,000
Small City Preservation and Sidewalk
Account -- State Appropriation . . . . . . . . . . . . $2,000,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($103,601,000))
$94,401,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($205,026,000))
$197,826,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The transportation improvement account -- state appropriation includes up to $14,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. ((The transportation improvement board may authorize the use of current revenues available to the agency in lieu of bond proceeds for any part of the state appropriation.))
(2) $2,000,000 of the small city preservation and sidewalk account--state appropriation is provided to fund the provisions of chapter 83, Laws of 2005 (Substitute Senate Bill No. 5775).
Sec. 303 2005 c 313 s 304 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,492,000))
$2,328,000
The appropriation in this section is subject to the following conditions and limitations:
(1) (($601,000)) $584,000 of the motor vehicle account--state appropriation is provided solely for ((the)) statewide administration.
(2) $632,000 of the motor vehicle account--state appropriation is provided solely for regional minor projects.
(3) (($224,000)) $305,000 of the motor vehicle account--state appropriation is provided solely for designing the replacement of the existing outdated maintenance facility in Ephrata.
(4) (($219,000)) $239,000 of the motor vehicle account--state appropriation is provided solely for the designing of the northwest regional maintenance complex in Seattle.
(5) (($833,000)) $568,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region headquarters project.
(a) The department of transportation is authorized to use certificates of participation for the financing of the Olympic region project in the amount of $34,874,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW.
(b) The Washington state department of transportation may utilize the design-build process in accordance with chapter 39.10 RCW for the Olympic region project. If the design-build process is used, it may be developed in partnership with the department of general administration.
Sec. 304 2005 c 313 s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($1,175,004,000))
$1,180,217,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($70,359,000))
$82,236,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($229,036,000))
$390,742,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($33,893,000))
$58,522,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($3,419,000))
$3,961,000
Tacoma Narrows Toll Bridge Account Appropriation . . . . . . . . . . . . (($272,329,000))
$274,038,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($519,786,000))
$384,186,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $1,002,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,303,826,000))
$2,374,904,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document ((2005-6)) 2006-1, Highway Improvement Program (I) as developed ((April 24, 2005)) February 27, 2006, except for: Funding for SR 522 for the Paradise Lake road and Snohomish River bridge sections. Instead, this funding is returned to its original allocations under the nickel program. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
(((b))) (a) Within the amounts provided in this subsection, (($5,000,000)) $6,835,000 of the transportation partnership account--state appropriation ((is provided solely)), $5,002,000 of the transportation 2003 account (nickel account)--state appropriation, and $2,645,000 of the motor vehicle account--federal appropriation are for project ((109040S)) 109040T: I-90/Seattle to Mercer Island – Two way transit/HOV. Expenditure of these funds is contingent upon the development of an access plan that provides equitable and dependable access for I-90 Mercer Island exit and entry.
(((c))) (b) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is ((provided solely)) for a west Olympia access study, to complete an access study for state route 101/west Olympia.
(((d))) (c) Within the amounts provided in this subsection, $800,000 of the transportation partnership account--state appropriation is ((provided solely)) for an SR 534 access point decision report.
(((f))) (d) Within the amounts provided within this subsection, (($435,000,000)) $6,000,000 of the transportation partnership account--state appropriation is ((provided solely)) for project 509009B: I-90 Snoqualmie Pass East - Hyak to Keechelus dam. However, if the preferred alternative selected for this project results in a lower total project cost, the remaining funds may be used for concrete rehabilitation on I-90 in the vicinity of this project.
(2) The motor vehicle account--state appropriation includes (($53,000,000)) up to $40,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.))
(3) The department shall not commence construction on any part of the SR 520 bridge project until agreements have been reached with the incorporated towns or cities that represent the communities affected by the SR 520 project. The agreements must provide reasonable assurance that no further degradation will occur to the citizens' current use and enjoyment of their properties as a result of repairs and improvements made to the SR 520 bridge and its connecting roadways. Such assurances may be achieved through engineering design choices, mitigation measures, or a combination of both.
(4) The transportation partnership account--state appropriation includes (($400,000,000)) up to $150,000,000 in proceeds from the sale of bonds authorized ((by Substitute House Bill No. 2311 (or the version as enacted into law))) in RCW 47.10.873. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.))
(5) The Tacoma Narrows toll bridge account--state appropriation includes up to $257,016,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The Tacoma Narrows toll bridge account--state appropriation includes (($15,313,000)) up to $17,022,000 in unexpended proceeds from the ((January 2003)) March 2005 bond sale authorized in RCW 47.10.843 for the Tacoma Narrows bridge project.
(6) The transportation 2003 account (nickel account)--state appropriation includes (($940,000,000)) up to $885,000,000 in proceeds from the sale of bonds authorized by chapter 147, Laws of 2003. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(7) To manage some projects more efficiently, federal funds may be transferred from program Z to program I and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
(8))) (7) The department shall, on a quarterly basis beginning July 1, 2005, provide to the office of financial management and the legislature reports providing the status on each project in the project lists submitted pursuant to this act ((and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium)). Other projects may be reported on a programmatic basis. The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information systems (TEIS).
(((9))) (8) The department of transportation shall conduct an analysis of the causes of traffic congestion on I-5 in the vicinity of Fort Lewis and develop recommendations for alleviating the congestion. The department must report to the transportation committees of the legislature by December 1, 2005, on its analysis and recommendations regarding traffic congestion on I-5 in the vicinity of Fort Lewis.
(((10))) (9) The department of transportation is authorized to proceed with the SR 519 Intermodal Access project if the city of Seattle has not agreed to a project configuration or design by July 1, 2006.
(((12) $13,000,000)) (10) $12,841,000 of the transportation 2003 account (nickel account)--state appropriation and (($5,000,000))$4,939,000 of the transportation partnership account--state appropriation are provided solely for construction of a new interchange on SR 522 to provide direct access to the University of Washington Bothell/Cascadia community college joint campus. This appropriation assumes an additional (($8,000,000)) $8,061,000 will be provided in the 2007-09 biennium from the transportation partnership account.
(11) The motor vehicle account--state appropriation includes up to $14,214,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.843.
(12) The special category C account--state appropriation includes up to $1,710,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.812.
(13) The department should consider using mitigation banking on appropriate projects whenever possible, without increasing the cost to projects. The department should consider using the advanced environmental mitigation revolving account (AEMRA) for corridor and watershed based mitigation opportunities, in addition to project specific mitigation.
(14) $6,200,000 of the motor vehicle account--federal appropriation is provided solely for eastern Washington international border crossing and freight mobility projects, including pavement preservation, pavement structural strengthening, and other safety enhancements. Projects shall include funding for U.S. route 97 international border vicinity paving and improvement projects, and the Usk Bridge.
(15) $19,262,149 of the motor vehicle account--federal appropriation and $1,873,478 of the transportation 2003 account (nickel account) appropriation are provided solely for project 154302E: SR 543 (I-5 to the international boundary).
(16) $3,509,738 of the motor vehicle account--federal appropriation and $30,793 of the motor vehicle account--state appropriation are provided solely for project 100598C: I-5 Blaine Exit interchange improvements.
(17) $250,000 of the transportation 2003 (nickel) account appropriation within the SR 520 project funding for project design is provided solely for the city of Seattle to prepare a plan for addressing the impacts of the SR 520 bridge replacement and HOV project on Seattle neighborhoods, parks, and institutions of higher education. In evaluating the project's impacts, the city shall give great weight to the concerns of neighborhoods and institutions of higher education impacted by design proposals. The mayor and council shall convene the advisory committee. The mayor and council shall have final approval of the plan. The legislature intends that the plan will allow a comprehensive approach to mitigating the impacts of the project and that the city presents the plan to the state department of transportation. The state department of transportation shall not commence construction on any part of the SR 520 bridge replacement and HOV project until agreements have been reached with the city, consistent with the 520 expansion impact plan.
The city must designate representation from the community council of each neighborhood impacted by the SR 520 bridge replacement and HOV project and representation from the arboretum to serve on an advisory committee to guide the planning process and plan preparation of the 520 expansion impact plan. The University of Washington shall designate a representative to serve on the advisory committee. The secretary of the state department of transportation shall designate a representative to serve on the advisory committee. The funds provided may be spent to contract with a consultant to: (a) Facilitate the activities of the advisory committee; (b) analyze impacts of alternative designs; (c) perform conceptual design work on proposals made by the advisory committee; and (d) prepare mitigation plans for alternative design concepts.
(18) After April 1, 2006, the Washington state department of transportation shall continue planning for the Alaskan Way viaduct only for alternatives described in the environmental impact statement for which full funding is appropriated, earmarked, or in hand.
(19) Prior to commencing construction, the department of transportation must complete all of the following requirements for both the Alaskan Way viaduct and Seattle seawall replacement project, and the state route number 520 bridge replacement and HOV project: (a) In accordance with the national environmental policy act, the department must designate the preferred alternative, prepare a substantial project mitigation plan, and complete a comprehensive cost estimate review using the department's cost estimate validation process, for each project; (b) in accordance with all applicable federal highway administration planning and project management requirements, the department must prepare a project finance plan for each project that clearly identifies secured and anticipated fund sources, cash flow timing requirements, and project staging and phasing plans if applicable; and (c) the department must report these results for each project to the joint transportation committee.
Sec. 305 2005 c 313 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($10,622,000))
$1,687,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($76,824,000))
$104,330,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($404,360,000))
$431,311,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($6,656,000))
$8,485,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . $11,000,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($139,533,000))
$24,540,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($648,995,000))
$581,353,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document ((2005-6)) 2006-1, Highway Preservation Program (P) as developed ((April 24, 2005)) February 27, 2006. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
(((a) Within the amounts provided in this subsection, $139,033,000 of the transportation partnership account--state appropriation is provided solely for implementation of structures preservation (P2) projects.
(b) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for implementation of other facilities (P3) projects.))
(2) $11,000,000 of the Puyallup tribal settlement account--state appropriation is provided solely for mitigation costs associated with the Murray Morgan/((11st)) 11th Street Bridge demolition. The department may negotiate with the city of Tacoma for the purpose of transferring ownership of the Murray Morgan/11th Street Bridge to the city. The department may use the Puyallup tribal settlement account appropriation, as well as any funds appropriated in the current biennium and planned in future biennia for the demolition and mitigation for the demolition of the bridge to rehabilitate or replace the bridge, if agreed to by the city. In no event shall the department's participation exceed $26,500,000 and no funds may be expended unless the city of Tacoma agrees to take ownership of the bridge in its entirety and provide that the payment of these funds extinguishes any real or implied agreements regarding future expenditures on the bridge.
(3) (($11,590,000)) $740,000 of the motor vehicle account--state appropriation, (($95,299,000)) $106,149,000 of the motor vehicle account--federal appropriation, and (($113,591,000)) $10,305,000 of the transportation partnership account--state appropriation are provided solely for the Hood Canal bridge project.
(4) The motor vehicle account--state appropriation includes (($530,000)) up to $735,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.
(5) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.
(6) ((To manage some projects more efficiently, federal funds may be transferred from program Z to program P and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
(7))) The department shall, on a quarterly basis beginning July 1, 2005, provide to the office of financial management and the legislature reports providing the status on each project in the project lists submitted pursuant to this act ((and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium)). Other projects may be reported on a programmatic basis. The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information systems (TEIS).
(7) The motor vehicle account--state appropriation includes up to $912,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.843.
(8) The motor vehicle account--state appropriation includes up to $15,000,000 in proceeds from the sale of bonds authorized by House Bill No. 3315. Of this amount $10,000,000 is for repair of unstable slopes that threaten state highways and $5,000,000 is for emergency repairs. Slide repair on state routes 101, 4, 105, and 107 must be funded from the amount provided in this subsection if federal emergency funds are not available.
Sec. 306 2005 c 313 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($17,519,000))
$17,555,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $15,068,000
Motor Vehicle Account--Local Appropriation . . . . . . . . . . . . $108,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($32,695,000))
$32,731,000
The appropriations in this section are subject to the following conditions and limitations: The motor vehicle account--state appropriation includes $11,255,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than the commercial vehicle information systems and network. These moneys shall be placed into reserve status until such time as federal funds are secured that require a state match.
Sec. 307 2005 c 313 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . (($153,184,000))
$122,324,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . (($59,967,000))
$73,590,000
Puget Sound Capital Construction Account--Private/Local
Appropriation . . . . . . . . . . . . $26,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $13,249,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($34,987,000))
$34,991,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($261,413,000))
$244,180,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel construction, major and minor vessel preservation, and terminal preservation, construction, and improvements. The appropriations in this section are subject to the following conditions and limitations:
(1) The Puget Sound capital construction account -- state appropriation includes (($72,000,000)) up to $40,950,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. ((The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.))
(2) The multimodal transportation account--state appropriation includes up to $10,249,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds from any part of the state appropriation.))
(3) $15,617,000 of the Puget Sound capital construction account--state appropriation is provided solely for the Eagle Harbor Terminal Preservation project.
(4) The entire transportation 2003 account (nickel account) appropriation and $10,249,000 of the multimodal transportation account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document ((2005-6)) 2006-1, Ferries Construction Program (W) as developed ((April 24, 2005)) February 27, 2006. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
(5) The department shall, on a quarterly basis beginning July 1, 2005, provide to the office of financial management and the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).
(((6) $3,000,000 of the multimodal transportation account--state appropriation is provided solely to implement approved recommendations of the stakeholder task force convened to study the most reliable and cost-effective means of providing passenger-only ferry service. The funds provided in this subsection shall be placed in reserve by the office of financial management. The funds may not be released until approved by the legislature.))
(6) The multimodal transportation account--state appropriation includes up to $1,170,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.867.
(7) $37,117,000 of the Puget Sound capital construction account--state appropriation is provided solely for the design, acquisition of equipment, and construction of 144-car capacity vessels.
Sec. 308 2005 c 313 s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State Appropriation . . . . . . . . . . . . $250,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($67,158,000))
$69,176,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $8,287,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($11,966,000))
$17,268,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($88,161,000))
$94,981,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The multimodal transportation account -- state appropriation includes up to $33,435,000 in proceeds from the sale of bonds and up to$830,000 in unexpended bond proceeds authorized by RCW 47.10.867. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.))
(2) If federal block grant funding for freight or passenger rail is received, the department shall consult with the transportation committees of the legislature prior to spending the funds on additional projects.
(3)(a) (($67,158,000)) $68,926,000 of the multimodal transportation account--state appropriation, (($11,966,000)) $17,268,000 of the multimodal transportation account--federal appropriation, $8,287,000 of the multimodal transportation account--local appropriation, and $250,000 of the essential rail assistance account are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document ((2005-2)) 2006-C, Rail Capital Program (Y) as developed ((April 23, 2005)) February 27, 2006, except for the projects: "Palouse River & Coulee City RR Acquisition" and "PR & CC Cheney-Coulee-Pullman Upgrades." Instead, these projects and their funding shall be combined into one project. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
(b) Within the amounts provided in this subsection, $6,500,000 of the multimodal transportation account--state appropriation is ((provided solely)) for the two commuter rail projects listed in the LEAP Transportation Document ((2005-6)) 2006-C, Rail Capital Program (Y) as developed ((April 24, 2005)) February 27, 2006.
(c) The office of financial management shall negotiate the purchase of the CW line. The purchase agreement must include both the operating and capital rights of the CW line. If the office of financial management is unable to negotiate the purchase of the CW line, the office may stop all negotiations and acquire the line and operational rights through any other alternative means available. The office of financial management shall also negotiate a new operational agreement for the line, in consultation with local governments and other stakeholders.
(d) The office of financial management shall negotiate a new operating agreement on the P&L and PV Hooper lines, in consultation with local governments and other stakeholders. If the office of financial management is unable to negotiate a new operating agreement for the lines, the office may stop all negotiations and acquire the operational rights through any other alternative means available.
(4) If the department issues a call for projects, applications must be received by the department by November 1, 2005, and November 1, 2006.
(5) $50,000 of the multimodal transportation account--state appropriation is provided solely for a study of eastern Skagit county freight rail. The study shall examine the feasibility of restoring portions of freight rail line to the towns of Lyman, Hamilton, and Concrete. The study must also identify existing and potential industrial sites available for development and redevelopment, and the freight rail service needs of the identified industrial sites.
(6) The department shall finalize and issue the Amtrak Cascades long range plan update as of the effective date of this act.
(7) Funds provided for the Tacoma rail improvement project may be expended for preconstruction engineering, but construction shall not begin until Tacoma rail transfers ownership to local jurisdictions of the tracks from the new interconnect in Thurston county south.
(8) $3,500,000 of the multimodal transportation account--state appropriation is provided solely for construction of a rail loop at the Port of Walla Walla including five turnouts, potable water system, fire flow system, property acquisition, and relocation of an irrigation line.
Sec. 309 2005 c 313 s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . (($18,221,000))
$23,798,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,702,000))
$5,840,000
Transportation Partnership Account--State Appropriation . . . . . . . . . . . . $2,008,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . (($12,000,000))
$6,000,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($36,002,000))
$40,403,000
Transportation 2003 Account (nickel account)--State
Appropriation . . . . . . . . . . . . $557,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . $9,700,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($74,734,000))
$90,115,000
The appropriations in this section are subject to the following conditions and limitations:
(1) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the ((transportation commission)) office of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
(2) The department shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects as outlined in the project lists distributed with this act, and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium, except for projects managed by the freight mobility strategic investment board. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. For projects funded by new revenue in the 2003 and 2005 transportation packages, reporting elements shall include, but not be limited to, project scope, schedule, and costs. Other projects may be reported on a programmatic basis. The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information system (TEIS).
(3) The multimodal transportation account -- state appropriation includes up to $6,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. ((The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.))
(4) (($3,545,000)) $1,545,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to fund the multiphase cooperative project with the state of Oregon to dredge the Columbia River. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
(5) (($274,000)) $206,000 of the motor vehicle account--state appropriation is reappropriated and provided solely for additional traffic and pedestrian safety improvements near schools. The highways and local programs division within the department of transportation shall administer this program. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded traffic and pedestrian safety improvement grant funds, but does not report activity on the project within one year of grant award should be reviewed by the department to determine whether the grant should be terminated. The department must promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. The department shall expeditiously extend new grant awards to qualified projects when funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout.
(6) The motor vehicle account--state appropriation includes up to$905,000 in unexpended proceeds from the sale of bonds authorized by RCW 47.10.843.
(7) (($867,000)) $607,000 of the multimodal transportation
account--state appropriation is reappropriated and provided solely to support the safe routes to school program.
(8) (($18,221,000)) $16,110,000 of the motor vehicle account--federal appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: SR 397 Ainsworth Ave. Grade Crossing, (($5,180,000)) $4,992,000; Colville Alternate Truck Route, (($2,000,000)) $1,746,000; S. 228th Street Extension and Grade Separation, $6,500,000; Bigelow Gulch Road-Urban Boundary to Argonne Rd., $2,000,000; Granite Falls Alternate Route, (($1,791,000)) $122,000; and Pacific Hwy. E./Port of Tacoma Road to Alexander, $750,000.
(9) (($3,400,000)) $2,898,000 of the motor vehicle account--state appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: Duwamish Intelligent Transportation Systems (ITS), (($2,520,000)) $2,382,000; Port of Kennewick/Piert Road, (($520,000; SR 397 Ainsworth Ave. Grade Crossing, $360,000)) $516,000.
(10) $6,000,000 of the multimodal account--state appropriation is provided solely for the local freight 'D' street grade separation project.
(11) The department ((must)) shall issue a call for pedestrian safety projects, such as safe routes to schools and transit, and bicycle and pedestrian paths. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department shall identify cost-effective projects, and submit a prioritized list to the legislature for funding by December 15th of each year. Recommendations made to the legislature for safe routes to schools and bicycle and pedestrian path projects must, to the extent practicable based on available funding, allocate sixty percent of available funds to bicycle and pedestrian path projects and forty percent to safe routes to schools. Preference ((will)) shall be given to projects that provide a local match. ((The grant recipients may only be governmental entities.)) Any unallocated funding may be used for grants of up to a maximum of $1,000 to nonprofit or governmental organizations for the purpose of supporting school-based safe routes to school promotions or programs. Specific conditions and amounts for mini-grants will be established by the department.
(12) (($19,540,000)) $18,370,000 of the multimodal transportation account--state appropriation, $6,000,000 of the freight mobility multimodal account--state appropriation, and (($12,000,000)) $6,000,000of the freight mobility investment account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document ((2005-6)) 2006-1, Local Programs (Z) as developed ((April 24, 2005)) February 27, 2006. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
(13) $870,000 of the multimodal transportation account--state appropriation is provided solely for the Yakima Avenue, 9th Street to Front Street, pedestrian safety improvement project.
(14) $5,000,000 of the multimodal transportation account--state appropriation and $2,000,000 of the motor vehicle account--federal appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified on the LEAP Transportation Document 2006-A, Pedestrian and Bicycle Safety Program Projects and Safe Routes to Schools Program Projects as developed February 27, 2006. Projects must be allocated funding based on order of priority. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award, shall be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. When funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout, the department shall expeditiously extend new grant awards to qualified alternative projects identified on the list.
(15)(a) The legislature intends that federal funds administered by the department of transportation and used to fund projects selected by regional transportation planning organizations be used in a more effective and efficient manner. The legislature further intends that regional transportation planning organizations implement a project selection process which focuses on the highest priority investments in their regional transportation plan to solve the transportation issues facing that region. These federal funds are not to be used as "peanut butter" and spread through the region on low-priority projects. The regional transportation planning organization shall make these funds available for the wide range of projects eligible for these federal funds, including transit, highways and arterials, and rural transportation projects as long as the projects are a priority and address the regions most pressing transportation issues.
(b) The department shall provide a full and transparent accounting of all federal surface transportation program funds received and expected to be received by the state under the new federal surface transportation act and shall as soon as possible make this information available to regional transportation planning organizations and the legislature. The regional transportation planning organizations shall provide information to the department of transportation that details the project prioritization process and criteria, the prioritized list of projects, and the transportation problem that the project addresses. The department of transportation will issue a report to the transportation committees of the legislature providing information about the implementation of this subsection every November 1st covering the prior federal fiscal year. These funds shall not be used for administrative costs or participation in project selection processes or transportation improvement program compilation processes. Nothing in this subsection displaces currently programmed projects, but to the extent practicable, the region is to implement this subsection as soon as possible.
TRANSFERS AND DISTRIBUTIONS
Sec. 401 2005 c 313 s 401 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . (($354,913,000))
$334,313,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($8,775,000))
$6,091,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . (($39,010,000))
$38,241,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($30,899,000))
$30,923,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($2,562,000))
$674,000
Transportation Improvement Account--State
Appropriation . . . . . . . . . . . . (($105,000))
$120,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($303,000))
$370,000
Transportation 2003 Account (Nickel Account)
Appropriation . . . . . . . . . . . . (($19,177,000))
$6,638,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,125,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($455,744,000))
$418,495,000
Sec. 402 2005 c 313 s 402 (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 AND FISCAL AGENT CHARGES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($283,000))
$246,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $13,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . (($96,000))
$35,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($2,400,000))
$2,212,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($2,800,000))
$375,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,592,000))
$2,881,000
Sec. 403 2005 c 313 s 403 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR MVFT BONDS AND TRANSFERS
(1) Motor Vehicle Account--State Reappropriation:
For transfer to the Tacoma Narrows toll bridge
account . . . . . . . . . . . . $257,016,000
The department of transportation is authorized to sell up to $257,016,000 in bonds authorized by RCW 47.10.843 for the Tacoma Narrows bridge project. Proceeds from the sale of the bonds shall be deposited into the motor vehicle account. The department of transportation shall inform the treasurer of the amount to be deposited.
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound capital construction
account . . . . . . . . . . . . (($72,000,000))
$40,950,000
The department of transportation is authorized to sell up to (($72,000,000)) $40,950,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.
Sec. 404 2005 c 313 s 404 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . (($450,757,000))
$487,612,000
Sec. 405 2005 c 313 s 405 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account--State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . (($820,769,000))
$1,037,342,000
Sec. 406 2005 c 313 s 406 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSFERS
(1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $2,000,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $73,000,000
(3) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . (($10,000,000))
$5,000,000
(4) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($19,087,000))
$31,000,000
(5) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation Partnership
Account--State . . . . . . . . . . . . (($51,372,000))
$32,935,000
(6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
Account--State . . . . . . . . . . . . (($21,170,000))
$25,980,000
(7) Transportation Partnership Account--State Appropriation:
For transfer to the Small City Pavement and Sidewalk
Account--State . . . . . . . . . . . . (($2,000,000))
$1,000,000
(8) Transportation Partnership Account--State Appropriation:
For transfer to the Transportation Improvement
Account--State . . . . . . . . . . . . (($5,000,000))
$2,500,000
(9) Transportation Partnership Account--State Appropriation:
For transfer to the ((Rural)) County Arterial
((Trust)) Preservation Account--State . . . . . . . . . . . . (($3,000,000))
$1,500,000
(10) License Plate Technology Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $2,500,000
(((11) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--
State . . . . . . . . . . . . $1,406,000
(12) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation 2003 Account
(Nickel Account)--State . . . . . . . . . . . . $461,000
(13))) (11) Multimodal Transportation Account--State Appropriation:
For transfer to the Transportation Partnership
Account--State . . . . . . . . . . . . $29,400,000
(12) Motor Vehicle Account--State Appropriation:
For transfer to the Freight Mobility Multimodal
Account--State, up to a maximum of . . . . . . . . . . . . $3,700,000
(13) Multimodal Transportation Account--State Appropriation:
For transfer to the Tacoma Narrows Toll Bridge
Account--State . . . . . . . . . . . . $2,700,000
(14) Motor Vehicle Account--State Appropriation:
For transfer to the Freight Mobility Multimodal
Account--State . . . . . . . . . . . . $4,610,000
The transfers identified in this section are subject to the following conditions and limitations:
(a) The department of transportation shall only transfer funds in subsection (2) of this section up to the level provided, on an as-needed basis.
(b) The amount ((identified in subsection (3) of this section may not include any revenues collected as passenger fares.)) transferred in subsection (12) of this section shall be the same as the Union Pacific Railroad's original contribution, adjusted for earned interest and expenditures, and shall be made on June 30, 2006.
(c) The amount transferred in subsection (14) of this section is the equivalent of the Burlington Northern Santa Fe funds advanced to the SR 519 project and shall be invested in a freight mobility project agreed to by the freight mobility strategic investment board and the BNSF railway if the final design of the SR 519 project does not include the original rail benefit.
COMPENSATION
Sec. 501 2005 c 313 s 501 (uncodified) is amended to read as follows:
EMPLOYEE SALARY COST OF LIVING ADJUSTMENT.
For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for salary cost of living adjustments subject to the following conditions and limitations:
(1) In addition to the purposes set forth in subsection (2) through (4) of this section, the appropriations for cost of living adjustments provide for a 3.2% increase effective July 1, 2005, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002.
(2) The appropriations for cost of living adjustments provide for a 3.2% increase effective September 1, 2005, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable.
(3) The appropriations are also sufficient to fund a 3.2% salary increase effective September 1, 2005, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
(4) The appropriations for cost of living adjustments provide for a 1.6% salary increase effective July 1, 2006, until June 30, 2007, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002. In addition, appropriation is provided for a 1.6% increase effective September 1, 2006, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable. The appropriation is also sufficient to fund a 1.6% salary increase effective September 1, 2006, until June 30, 2007, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials. This subsection shall not apply to Washington state patrol commissioned troopers and sergeants covered under sections 208(8)(a) and 210(6)(a) of this act. If a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006, this subsection shall not apply to Washington state patrol commissioned captains and lieutenants covered under sections 208(8)(b) and 210(6)(b) of this act.
(5)(a) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board or the director of personnel, as applicable.
(b) The average salary increases paid under this section to agency officials whose maximum salaries are established by the committee on agency official salaries shall not exceed the average increases provided under subsection (3) of this section.
IMPLEMENTING PROVISIONS
NEW SECTION. Sec. 601 A new section is added to 2005 c 313 (uncodified) to read as follows:
Executive Order number 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions that issue grants or loans for capital projects shall comply with the requirements set forth in this executive order.
NEW SECTION. Sec. 602 2005 c 313 s 602 (uncodified) is repealed.
Sec. 603 2005 c 313 s 603 (uncodified) is amended to read as follows:
(1) The ((transportation commission)) director of the office of financial management may authorize a transfer of spending allocation within the appropriation provided and between projects funded with transportation 2003 account (nickel account) appropriations ((or the)),transportation partnership account appropriations, multimodal transportation account appropriations, freight mobility account appropriations, or freight mobility investment account appropriations, in order to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:
(a) Transfers may only be made within each specific fund source referenced on the respective project list;
(b) Transfers from a project may be made if the funds allocated to the project are in excess of the amount needed to complete the project;
(((b))) (c) Transfers from a project may be made if the project is experiencing unavoidable expenditure delays;
(((c))) (d) Transfers from a project may not be made as a result of the reduction of the scope of a project, nor shall a transfer be made to support increases in the scope of a project;
(((d))) (e) Each transfer between projects may only occur if the ((commission)) director of the office of financial management finds that any resulting change will not hinder the completion of the projects approved by the legislature; ((and
(e))) (f) Transfers may not occur to projects not identified on the applicable project list; and
(g) Transfers may not be made while the legislature is in session.
(2) Upon approval of every transfer, a report of the transfers made to date shall be submitted ((on October 1st of each fiscal year)) to the senate and house of representatives transportation committees. The report must also include a list of monitored projects or transfers currently under consideration by the department, and a financial plan consistent with legislative intent.
Sec. 604 RCW 47.29.170 and 2005 c 317 s 17 are each amended to read as follows:
Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:
(1) Provisions that specify unsolicited proposals must meet predetermined criteria;
(2) Provisions governing procedures for the cessation of negotiations and consideration;
(3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;
(4) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and
(5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:
(a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;
(b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and
(c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.
The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.
The commission may not accept or consider any unsolicited proposals before ((January 1)) June 30, 2007.
MISCELLANEOUS
NEW SECTION. Sec. 701 If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 702 This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
(End of bill)
INDEX PAGE #
BOARD OF PILOTAGE COMMISSIONERS . . . . . . . . . . . . 5
COUNTY ROAD ADMINISTRATION BOARD . . . . . . . 5, 38
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . . 2
DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
DEPARTMENT OF LICENSING
DRIVER SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
INFORMATION SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . 16
MANAGEMENT AND SUPPORT SERVICES . . . . . . . . . . .16
VEHICLE SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
DEPARTMENT OF TRANSPORTATION
AVIATION -- PROGRAM F . . . . . . . . . . . . . . . . . . . . . . . . . .21
CHARGES FROM OTHER AGENCIES -- PROGRAM U .. 30
ECONOMIC PARTNERSHIPS -- PROGRAM K . . . . . . . . . 24
FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D . . . . . . . . . . . . . . . . . . . .21
HIGHWAY MAINTENANCE -- PROGRAM M . . . . . . . .. 24
IMPROVEMENTS -- PROGRAM I . . . . . . . . . . . . . . . . . . . .40
INFORMATION TECHNOLOGY -- PROGRAM C . . . .. . . 20
LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL . . . . . . 53
LOCAL PROGRAMS -- PROGRAM Z -- OPERATING . . . 38
MARINE -- PROGRAM X . . . . . . . . . . . . . . . . . . . . . . . . . . .35
PRESERVATION -- PROGRAM P . . . . . . . . . . . . . . . . . . . .46
PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) . . . . . . . . . . . . . . .39
PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PUBLIC TRANSPORTATION -- PROGRAM V . . . . . . . . . 31
RAIL -- PROGRAM Y -- CAPITAL . . . . . . . . . . . . . . . . . . . 51
RAIL -- PROGRAM Y -- OPERATING . . . . . . . . . . . . . . . . 37
TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL . . 48
TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
EMPLOYEE SALARY COST OF LIVING ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . . .6
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . . . . . .2
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . . . 2
STATE TREASURER
BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 58, 59
STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . .60
TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
TRANSPORTATION COMMISSION . . . . . . . . . . . . . . . . . . . 8
TRANSPORTATION IMPROVEMENT BOARD . . . . .. . 5, 39
WASHINGTON STATE PARKS AND RECREATION
CAPITAL PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
WASHINGTON STATE PATROL
FIELD OPERATIONS BUREAU . . . . . . . . . . . . . . . . . . . . . .11
INVESTIGATIVE SERVICES BUREAU . . . . . . . . . . . . . . .14
TECHNICAL SERVICES BUREAU . . . . . . . . . . . . . . . . . . .14
WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . .4
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Haugen moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6241 and request of the House a conference thereon.
Senators Haugen and Benson spoke in favor of passage of the motion.
The President declared the question before the Senate to be motion by Senator Haugen that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6241.
The motion by Senator Haugen carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6241 and requested of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6241 and the House amendment(s) thereto: Senators Senator Haugen, Jacobsen and Benson.
MOTION
On motion of Senator Eide, the appointments to the conference committee were confirmed.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6839, with the following amendments{s} 6839-S.E AMH TR H5343.1, 6839-S.E AMH . . . . H5418.5.
On page 17, after line 11, insert the following:
"NEW SECTION. Sec. 15 Section 7 of 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 March 24, 2006."
Correct the title.
On page 7, line 33, strike "((4,000,000)) 2,000,000" and insert "4,000,000"
On page 17, after line 5, insert the following:
"Sec. 12 RCW 46.68.080 and 1961 c 12 s 46.68.080 are each amended to read as follows:
((All)) (1) Motor vehicle license fees ((and all motor vehicle))collected under RCW 46.16.0621 and 46.16.070 and fuel taxes collected under RCW 82.36.025(1) and 82.38.030(1) and directly or indirectly paid by the residents of those counties composed entirely of islands and which have neither a fixed physical connection with the mainland nor any state highways on any of the islands of which they are composed, shall be paid into the motor vehicle fund of the state of Washington and shall monthly, as they accrue, and after deducting therefrom the expenses of issuing such licenses and the cost of collecting such ((motor)) vehicle fuel tax, be paid to the county treasurer of each such county to be by him disbursed as hereinafter provided.
(2) One-half of ((all)) the motor vehicle license fees ((and motor vehicle)) collected under RCW 46.16.0621 and 46.16.070 and one-half of the fuel taxes collected under RCW 82.36.025(1) and 82.38.030(1) anddirectly or indirectly paid by the residents of those counties composed entirely of islands and which have either a fixed physical connection with the mainland or state highways on any of the islands of which they are composed, shall be paid into the motor vehicle fund of the state of Washington and shall monthly, as they accrue, and after deducting therefrom the expenses of issuing such licenses and the cost of collecting such motor vehicle fuel tax, be paid to the county treasurer of each such county to be by him disbursed as hereinafter provided.
(3) All funds paid to the county treasurer of the counties of either class ((above)) referred to ((as in this section provided)) in subsections (1) and (2) of this section, shall be by such county treasurer distributed and credited to the several road districts of each such county and paid to the city treasurer of each incorporated city and town within each such county, in the direct proportion that the assessed valuation of each such road district and incorporated city and town shall bear to the total assessed valuation of each such county.
(4) The amount of motor vehicle fuel tax paid by the residents of those counties composed entirely of islands shall, for the purposes of this section, be that percentage of the total amount of motor vehicle fuel tax collected in the state that the motor vehicle license fees paid by the residents of counties composed entirely of islands bears to the total motor vehicle license fees paid by the residents of the state.
(5)(a) An amount of fuel taxes shall be deposited into the Puget Sound ferry operations account. This amount shall equal the difference between the total amount of fuel taxes collected in the state under RCW 82.36.020 and 82.38.030 less the total amount of fuel taxes collected in the state under RCW 82.36.020(1) and 82.38.030(1) and be multiplied by a fraction. The fraction shall equal the amount of motor vehicle license fees collected under RCW 46.16.0621 and 46.16.070 from counties described in subsection (1) of this section divided by the total amount of moto vehicle license fees collected in the state under RCW 46.16.0621 and 46.16.070.
(b) An additional amount of fuel taxes shall be deposited into the Puget Sound ferry operations account. This amount shall equal the difference between the total amount of fuel taxes collected in the state under RCW 82.36.020 and 82.38.030 less the total amount of fuel taxes collected in the state under RCW 82.36.020(1) and 82.38.030(1) and be multiplied by a fraction. The fraction shall equal the amount of motor vehicle license fees collected under RCW 46.16.0621 and 46.16.070 from counties described in subsection (2) of this section divided by the total amount of motor vehicle license fees collected in the state under RCW 46.16.0621 and 46.16.070, and this shall be multiplied by one-half."
Renumber the remaining sections consecutively and correct the title.and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Haugen moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6839 and request of the House a conference thereon.
Senators Haugen and Benson spoke in favor of passage of the motion.
The President declared the question before the Senate to be motion by Senator Haugen that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6839.
The motion by Senator Haugen carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6839 and requested 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. 6839 and the House amendment(s) thereto: Senators Haugen, Jacobsen and Benson.
MOTION
On motion of Senator Eide, the appointments to the conference committee were confirmed.
MESSAGE FROM THE HOUSE
February 28, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6384, with the following amendments{s} 6384-S.E AMH CB AMH5296.4.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A supplemental capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2007, out of the several funds specified in this act.
SUPPLEMENTAL APPROPRIATIONS
NEW SECTION. Sec. 101. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Infrastructure Study (06-2-850)
The appropriation in this section is subject to the following conditions and limitations:
(1) The legislature finds that the December 16, 2005, inventory and evaluation of the state's public infrastructure programs and funds report completed pursuant to section 129(1), chapter 518, Laws of 2005 identified the need for systematic improvements to infrastructure grant, loan, and technical assistance programs. The report identified needed improvements, including (a) the development of common infrastructure program processes, procedures, and financing mechanisms; and (b) the consolidation of programs to improve coordination and efficiency of the state's investments and to minimize duplication.
(2) The appropriation in this section is provided solely for the office of financial management, in consultation with staff from appropriate fiscal committees of the legislature and affected state agencies, to:
(a) Identify and prioritize processes, procedures, financing mechanisms, and programs for integration, standardization, or consolidation;
(b) Identify program overlaps and gaps between the state's infrastructure programs;
(c) Identify local projects funded by the legislature but not included in existing grant, loan, or technical assistance programs and analyze whether the projects meet the programs' criteria;
(d) Identify a strategy to include projects such as those identified in (c) of this subsection within existing or potential consolidated programs. Consider program processes, procedures, criteria, policies, and rules related but not limited to project review and selection, funding limits, and participation requirements;
(e) Identify or develop a comprehensive funding structure to support the integration and standardization of processes, procedures, and consolidated programs; and
(f) Report recommendations to the appropriate fiscal committees of the legislature by December 15, 2006.
Appropriation:
State Building Construction Account--State. . . . . . $100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $100,000
NEW SECTION. Sec. 102. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
Life-cycle Cost Model Update (06-2-851)
The appropriation in this section is subject to the following conditions and limitations: Funding is provided solely to update the life-cycle cost model developed by the joint legislative audit and review committee. The joint legislative audit and review committee shall:
(1) Update the model's assumptions;
(2) Enhance the model's ability to inform decision-makers about the current and long-term capital and operating impacts of facility leasing options compared to state ownership; and
(3) Revise the model to allow for comparisons of alternate financing approaches, including but not limited to the use of certificates of participation, 63-20 financing, and state general obligation bond funding.
Appropriation:
State Building Construction Account--State. . . . . . . $50,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . $50,000
Sec. 103. 2005 c 488 s 109 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Drinking Water Assistance Program (06-4-003)
Appropriation:
Drinking Water Assistance Account--State. . . . . .$8,100,000
Drinking Water Assistance Repayment
Account--State. . . . . . . . . . . . . .(($11,500,000))
$21,780,000
Subtotal Appropriation. . . . . . .(($19,600,000))
$29,880,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $78,400,000
TOTAL. . . . . . . . . . . . . . . . . . . (($98,000,000))
$108,280,000
Sec. 104. 2005 c 488 s 112 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Building for the Arts (06-4-005)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.750.
(2) The appropriation is provided solely for the following list of projects:
Projects |
Location |
Recommendation |
((African-American museum |
Seattle |
$700,000)) |
McIntyre hall |
Mount Vernon |
$350,000 |
Northwest film forum |
Seattle |
$100,000 |
Historic Cooper school |
Seattle |
$500,000 |
Merc playhouse |
Twisp |
$6,000 |
Masquers theatre |
Soap Lake |
$145,000 |
Cornish College of the Arts |
Seattle |
$700,000 |
Dahmen barn workshop |
Uniontown |
$79,000 |
Roxy theatre |
Morton |
$75,000 |
Duwamish longhouse |
Seattle |
$65,000 |
Everett symphony |
Everett |
$215,000 |
Admiral theatre |
Bremerton |
$180,000 |
Pratt fine arts center |
Seattle |
$300,000 |
Arlington performing arts |
Arlington |
$375,000 |
Seattle Academy of Fine Art |
Seattle |
$35,000 |
Academy of children's theatre |
Richland |
$150,000 |
Empire theatre |
Tekoa |
$25,000 |
Children's museum |
Spokane |
$75,000 |
World kite museum |
Long Beach |
$115,000 |
McCaw hall |
Seattle |
$1,000,000 |
KidsQuest children's museum |
Bellevue |
$200,000 |
Total |
|
(($5,390,000)) $4,690,000 |
Appropriation:
State Building Construction Account--State. . (($5,390,000))
$4,690,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $16,000,000
TOTAL. . . . . . . . . . . . . . . . . . . (($21,390,000))
$20,690,000
Sec. 105. 2005 c 488 s 125 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Housing Assistance, Weatherization, and Affordable Housing (04-4-003)
The reappropriations in this section ((is)) are subject to the following conditions and limitations:
(1) $1,700,000 of the reappropriation is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.
(2) $700,000 of the reappropriation is provided solely for grants to nonprofit organizations and public housing authorities for revolving loan, self-help housing programs for low and moderate income families.
(3) $84,500 of the reappropriation is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.
(4) $600,000 of the reappropriation is provided solely for facilities housing low-income migrant, seasonal, or temporary farmworkers. It is the intent of the legislature that operation of the facilities built under this section be in compliance with 8 U.S.C. Sec. 1342. The department shall work with the farmworker housing advisory committee to prioritize funding of projects to the areas of highest need. Funding may also be provided, to the extent qualified projects are submitted, for health and safety projects.
(5) $1,400,000 of the reappropriation is provided solely for the development of emergency shelters and transitional housing opportunities for homeless families with children.
(6) ((Up to $1,000,000 of the reappropriation is provided to help capitalize a self-insurance risk pool for nonprofit corporations in Washington that develop housing units for low-income persons and families. The self-insurance risk pool shall be approved by the state risk manager. The self-insurance risk pool shall repay to the state the amount of the reappropriation provided to the risk pool under this section whenever the capitalization exceeds the minimum requirements established by the office of the risk manager. Any reappropriation authority not expended by June 30, 2007, shall lapse.)) $960,000 of the Washington housing trust account appropriation is provided solely for implementation of the multiunit residential building liability revolving fund program authorized in chapter ... (Second Substitute House Bill No. 3070), Laws of 2006. If the bill is not enacted by June 30, 2006, the amounts in this subsection shall lapse.
Reappropriation:
State Taxable Building Construction
Account--State. . . . . . . . . . . . . .(($25,780,000))
$24,820,000Appropriation:
Washington Housing Trust Account--State. . . . . . . . . . $960,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$55,220,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$81,000,000
Sec. 106. 2005 c 488 s 131 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Local/Community Projects (06-4-008)
The appropriation in this section is subject to the following conditions and limitations:
(1) The projects must comply with RCW 43.63A.125(2)(c) and other requirements for community projects administered by the department.
(2) Funding for the Inland Northwest Science and Technology Center shall be held in reserve until the balance of phase I funding has been secured or committed from local government and community sources.
(3) The Washington state arts commission shall design a plaque that shall be affixed to buildings or displayed as part of a project receiving any appropriation from this section. The plaque shall provide information to the public that the building or project has been made possible by the tax dollars of Washington citizens. The commission may contact the secretary of state to obtain approval for use of the Washington seal in the design of the plaque. The final design shall be approved by the chairs and ranking members of the house of representatives capital budget committee and the senate ways and means committee.
(4) The appropriation is provided solely for the following list of projects:
Projects |
|
Recommendation |
7th street theatre |
|
$600,000 |
Alder creek pioneer association carousel museum |
|
$450,000 |
Asian counseling and referral service |
|
$2,000,000 |
Bailey Gatzert children's play area |
|
$75,000 |
Bridge for kids |
|
$850,000 |
Brookside school ADA playground equipment |
|
$25,000 |
Buena library |
|
$50,000 |
Cannon house |
|
$250,000 |
Central area motivation program (CAMP) |
|
$250,000 |
Cesar Chavez park |
|
$150,000 |
Chambers creek footbridge |
|
$177,000 |
Childhaven |
|
$150,000 |
Clark Lake park and retreat center |
|
$500,000 |
Colman school preconstruction activities |
|
(($500,000)) $1,200,000 |
Columbia breaks fire interpretive center |
|
$150,000 |
Covington aquatics center phase 1 |
|
$350,000 |
Crossroads community center and park |
|
$250,000 |
Cutter theater |
|
$71,000 |
Des Moines beach park historic buildings |
|
$300,000 |
Discovery park |
|
$1,000,000 |
East Whatcom regional resource center |
|
$1,750,000 |
Eatonville family park |
|
$50,000 |
El Centro de la Raza |
|
$900,000 |
Filipino community center |
|
$200,000 |
Foster creek |
|
$150,000 |
Fox theater |
|
$2,398,000 |
GC health clinic |
|
$12,000 |
Grand Army of the Republic cemetery |
|
$5,000 |
Granite Falls museum expansion |
|
$50,000 |
Greenbridge plaza in White Center |
|
$200,000 |
Habitat park south hill |
|
$400,000 |
Hanford reach interpretive center |
|
$2,000,000 |
Hidden river environmental education center |
|
$50,000 |
ICL education center |
|
$200,000 |
Japanese cultural and community center |
|
$200,000 |
Joel Pritchard park |
|
$2,500,000 |
Joe's creek project |
|
$856,000 |
Juanita creek channel and riparian restoration |
|
$500,000 |
Julia Butler Hansen home restoration |
|
$10,000 |
LeRoi smelter smokestack monument |
|
$3,000 |
Lewis and Clark confluence project |
|
$1,500,000 |
McCaw hall |
|
$2,000,000 |
Meridian habitat park |
|
$400,000 |
Miners' memorial |
|
$36,500 |
Miracle league handicapped baseball |
|
$57,000 |
MOBIUS/Inland Northwest science and technology center |
|
$1,500,000 |
Mt. Baker theater |
|
$200,000 |
Mt. Vernon Jasper Gates statue |
|
$12,000 |
Multicultural center of Kitsap county |
|
$250,000 |
Nathaniel Orr home site museum interpretive center |
|
$29,000 |
Neighborhood house rainier vista |
|
$213,000 |
New Lakewood clinic |
|
$350,000 |
Northeast community center expansion |
|
$250,000 |
Northshore performing arts center |
|
$1,000,000 |
Northwest communities education center |
|
$1,000,000 |
Oak Harbor multi-purpose community and sports facility |
|
$50,000 |
Omak grandstand |
|
$250,000 |
Pacific Northwest salmon center |
|
$1,000,000 |
Pacific science center |
|
$900,000 |
Performing arts center (PACE) |
|
$500,000 |
Puget Sound freight building warehouse--Thea Foss waterway |
|
$2,000,000 |
Relocation of Sieke Japanese gardens |
|
$250,000 |
River walk and Sammamish river restoration |
|
$200,000 |
Roslyn city hall |
|
$150,000 |
Ruth Dykeman children's center |
|
$27,000 |
Sandman historical tug restoration |
|
$10,000 |
Seattle Aquarium |
|
$1,500,000 |
Seattle community center (1115 E. Pike street) |
|
$13,000 |
Seward park environmental and audubon center |
|
$400,000 |
Snohomish senior center |
|
$150,000 |
Sno-Valley senior activity center kitchen |
|
$50,000 |
Sound way property preservation |
|
$500,000 |
Spokane river whitewater course |
|
$400,000 |
Sumas ballpark |
|
$250,000 |
Synthetic sportsfield partnership at Robinswood park |
|
$400,000 |
Tall ships moorage |
|
$300,000 |
Tukwila kayak and canoe launching facility |
|
$20,000 |
Undeveloped woodlands linked to interurban nature trail |
|
$150,000 |
Vancouver museum |
|
$125,000 |
Vancouver national historical reserve west barracks |
|
$1,000,000 |
Veterans memorial museum |
|
$100,000 |
West Seattle community resource center |
|
$500,000 |
West central community center |
|
$500,000 |
West Hylebos wetlands boardwalk |
|
$100,000 |
Wilson playfield land acquisition |
|
$200,000 |
Wing Luke Asian art museum |
|
$2,000,000 |
Youth housing/drop-in center |
|
$400,000 |
Total |
|
(($39,391,000)) $44,474,500 |
Appropriation:
State Building Construction Account--State.(($39,391,000))
$44,474,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($39,391,000))
$44,474,500
Sec. 107. 2005 c 488 s 138 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Job/Economic Development Grants (06-4-950)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the following list of projects:
Projects |
|
Recommendation |
Belfair sewer improvements |
|
$8,000,000 |
Bellingham waterfront restoration |
|
$2,000,000 |
Bremerton Harborside |
|
$4,000,000 |
Burien town square |
|
$2,000,000 |
Carnation sewer |
|
$2,000,000 |
City of Covington |
|
(($1,000,000)) $3,000,000 |
Infrastructure for Renton Boeing property |
|
$5,000,000 |
Military communities infrastructure projects |
|
$5,000,000 |
Pacific Northwest national labs campus infrastructure project |
|
$6,000,000 |
Rainier court |
|
$1,500,000 |
Redevelop Snohomish riverfront |
|
$1,500,000 |
Ridgefield employment center project |
|
$2,000,000 |
Tukwila Southcenter parkway infrastructure |
|
$6,000,000 |
Yakima town center restoration |
|
$4,000,000 |
Total |
|
(($50,000,000)) $52,000,000 |
(2) $1,000,000 of the appropriation for the Pacific Northwest national labs campus infrastructure project is provided solely for giga-pop infrastructure.
(3) $1,000,000 of the public works assistance account--state appropriation and $2,000,000 of the state building construction account--state appropriation are provided solely for the city of Covington.
(4) $5,000,000 of the appropriation is provided solely for military communities infrastructure projects ((is provided solely for grants to support projects in Island county, Kitsap county, Pierce county, Snohomish county, and Spokane county when a military base in that county is identified for potential closure in the federal base realignment and closure process. The grants will be used to address infrastructure improvements that will aid in the removal of the base from the closure list. The office of financial management shall establish a process for selecting projects for funding based on criteria used to determine the federal base realignment and closure list and recommendations by the department of community, trade, and economic development and the military department. Final allocation of the grants shall be at the discretion and with the approval of the director of the office of financial management)). Military communities infrastructure projects shall include:
(a) Grants to counties and cities for the purchase of development easements to restrict the use of accident potential zones and clear zones. The office of financial management shall establish a competitive process for selecting projects to receive the grants. Final allocation of these grants shall be at the discretion and with the approval of the director of the office of financial management.
The grants are subject to the following conditions:
(i) The county or city must be subject to and in compliance with RCW 36.70A.530;
(ii) The grants may not be used to remove encroachments into these zones allowed by county or city zoning or permitting actions;
(iii) The county or city must have an encroachment prevention plan preventing future encroachment into these zones; and
(iv) The grant provided by the state must not exceed one-third of the project cost with funds from local and federal sources providing the balance of the funds.
(b) $481,000 of the appropriation is provided solely for improvements to a military department site on Fairchild air force base.
Appropriation:
Public Works Assistance Account--State. . . . . . $50,000,000
State Building Construction Account--State. . . . . . . .$2,000,000
Subtotal Appropriation. . . . . . . . . .$52,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($50,000,000))
$52,000,000
NEW SECTION. Sec. 108. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Energy Freedom Program (E3SHB No. 2939) (06-2-854)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely to implement the energy freedom program created in chapter . . . (Engrossed Third Substitute House Bill No. 2939), Laws of 2006. If the bill is not enacted by June 30, 2006, the appropriation shall lapse.
(2) The department shall not expend more than $466,000 of the appropriation on administrative costs.
Appropriation:
Energy Freedom Account--State. . . . . . . . . . . . .$10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$10,000,000
Sec. 109. 2006 c ... s 2 (E2SHB No. 2393) (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Energy Freedom Program (06-2-852)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) The appropriation is provided solely for low-interest loans to political subdivisions for renewable energy projects including the development of biofuel oilseed crushers, supporting infrastructure, and facilities. The political subdivision may negotiate an appropriate agreement with the bioenergy industry for the use of the oilseed crushers, supporting infrastructure, and facilities.
(b) For purposes of this section, political subdivision means any port district, county, city, town, special purpose district, and any other municipal corporations or quasi-municipal corporations in the state.
(2) The appropriation is provided solely for the following list of projects:
Project |
Recommendation |
Spokane conservation district |
$2,750,000 |
Odessa public development authority |
$2,750,000 |
Port of Columbia county |
$2,750,000 |
Port of Sunnyside |
$750,000 |
Total |
$9,000,000 |
(3) All agreements negotiated between the political subdivision and the bioenergy industry for use of the oilseed crushers, supporting infrastructure, or facilities funded in this section must provide for at least a fifty percent match by the industry partner. The industry match may include, but is not limited to, investments in rail, buildings, refining capacity, or seed stock.
(4) All other project funds must be disbursed prior to energy freedom loans, except where required on a matching basis by other federal or state programs.
(5) The department shall disburse loans to the political subdivision on a reimbursement basis only.
(6) The department may defer loan repayment for up to twenty-four months or until the projects start to receive revenue from operations, whichever is sooner.
(7) Upon written notice to the political subdivision, the department may suspend or cancel its loans if any of the following occur:
(a) The political subdivision fails to make satisfactory and reasonable progress to complete the project, or the department concludes the political subdivision will be unable to complete the project or any portion of it; or
(b) The political subdivision or bioenergy industry partners have made misrepresentations in any information furnished to the department or the legislature in connection with the project.
(8) In the event that any portion of the loan has been paid to the political subdivision under this section at the time of breach, or failure of the political subdivision to satisfactorily perform, the department may require that the full amount of the loan, or a portion thereof, be repaid within a period specified by the department.
(9) Future loan repayments shall be deposited into the energy freedom account created in section 3 of this act.
(10) Chapter 39.12 RCW applies to the renewable energy projects funded in whole or in part by the appropriation in this section.
(11) It is the intent of the legislature to provide loans for the development of a Washington state biodiesel industry based on Washington grown oilseed. The legislature is aware that in the development of this industry, the start-up process may necessitate the use of other oilseeds until Washington state growers plant sufficient crops to support this industry. The legislature also understands the realities of weather and market conditions in this process. The conversion to maximum Washington grown oilseed must be accomplished as quickly as possible. The political subdivision shall: (a) Develop a plan for outreach to local growers and an estimate of when maximum Washington state oilseed-based production will be reached; (b) develop a goal for the political subdivision to return a portion of the biofuel to local oilseed producers; and (c) report this information to the department of community, trade, and economic development by December 1, 2006. The department shall report on the implementation of this section by January 1, 2007, to the appropriate committees of the legislature.
Appropriation:
((State Taxable Building Construction))
Energy Freedom Account--State. . . . . . . . . . . . . . . . .$9,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$9,000,000
NEW SECTION. Sec. 110. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Grays Harbor PUD Bioenergy Project (06-04-852)
Appropriation:
State Building Construction Account--State. . . . .$1,500,000
Energy Freedom Account--State. . . . . . . . . . . . . .$6,000,000
Subtotal Appropriation. . . . . . . . . . .$7,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$7,500,000
Sec. 111. 2005 c 488 s 142 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building: Rehabilitation and Capital Addition (01-1-008)
Reappropriation:
Thurston County Capital Facilities Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($100,000))
$214,063
Prior Biennia (Expenditures). . . . . . . . . . . . . . $106,280,442
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . (($106,380,442))
$106,494,505
NEW SECTION. Sec. 112. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Pritchard-Legislative Support Building Predesign (06-2-851)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for predesign of the Joel M. Pritchard building as a legislative support facility and public cafeteria. The predesign shall include, but not be limited to, the following: (1) A rehabilitation plan addressing electrical and mechanical systems, plumbing, seismic safety, fire protection, accessibility, energy consumption, and space use including the conversion of the upper floor stack space into usable office space or alternative uses; (2) an assessment of the facility requirements of legislative support agencies including the code reviser, the joint legislative audit and review committee, the legislative service center, and the legislative evaluation and accountability program as potential building tenants; and (3) a financing strategy for the facility that may consider a combination of funding sources including state general obligation bonds and the use of alternative financing mechanisms that utilize dedicated revenue streams through the conversion of existing lease payments into debt service payments.
Appropriation:
State Building Construction Account--State. . . . . . $250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $250,000
Sec. 113. 2005 c 488 s 143 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Cherberg Building: Rehabilitation (02-1-005)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is for the purpose of furthering the John A. Cherberg building rehabilitation project, including but not limited to the following: Project final design and initial phase of reconstruction; purchase and remodel of the two modular buildings currently owned by the Legislative building rehabilitation project; and remodel of a portion of the Joel M. Pritchard building for use as swing space during reconstruction.
(2) The appropriations in this section are subject to the following conditions and limitations:
(a) Funding is provided solely for design, construction, and other costs related to the relocation efforts associated with this project.
(((d))) (b) The department may negotiate agreements with the senate for additional fees to manage the John A. Cherberg building rehabilitation project.
(((e))) (c) Upon completion of the project, the temporary modular buildings shall be sold and removed, and the parking lot shall be restored and landscaped.
(d) $5,000 of the appropriation in this section is provided solely for a competitive grant for the redesign and repair of the gnomon on the capitol campus sundial adjacent to the Cherberg building. All Washington public community and technical colleges are encouraged to submit design proposals to the Washington state arts commission by December 31, 2006. Final selection shall be made by the commission.
Reappropriation:
State Building Construction Account--State. . . . .$2,500,000
Appropriation:
State Building Construction Account--State. . . .$12,253,000
Thurston County Capital Facilities Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,439,000
Subtotal Appropriation. . . . . . . . . .$13,692,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $3,100,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$19,292,000
Sec. 114. 2005 c 488 s 152 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
((General Administration Building Rehabilitation)) North Capital Campus Executive Office Building(s) (06-1-002)
The appropriation in this section is subject to the following conditions and limitations: Funding is provided solely for predesign for replacement or renovation of the general administration building combined with the development of an office building on the block adjoining Capital Way and 11th avenue. The combined development is intended to provide: (1) Executive office space for statewide elected officials; (2) public access space for the state library collection and historically significant documents from the state archives and the state historical museum; and (3) high density general office space that can adapt to changing state needs. The project will maximize interagency sharing of support services such as information technology, printing and mailing, management and storage of supplies, reception areas, and other common functions. The project will also include sufficient parking to provide a significant net increase in parking spaces beyond what is required for the new office space. The project shall also include leasable ground floor retail space on Capital Way. The department shall consult with statewide elected officials and the city of Olympia in developing the predesign. ((The predesign shall evaluate the use of the Pritchard building as one of the options for use by the state library and historically significant documents from the state archives and state historical museum.)) Due to the intended replacement of the building adjoining Capital Way and 11th avenue, the department shall not charge the facility depreciation component of lease charges for nonprofit tenants in that facility during the 2005-2007 biennium.
Appropriation:
Thurston County Capital Facilities Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(($750,000))
$1,650,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . .(($65,500,000))
$312,017,000
TOTAL. . . . . . . . . . . . . . . . . . . (($66,250,000))
$313,667,000
Sec. 115. 2005 c 488 s 156 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Statewide Office Facilities: Preservation Minor Works (06-1-003)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided for electrical and elevator upgrades in the insurance building.
Appropriation:
Thurston County Capital Facilities Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,965,000
General Administration Service Account--State. .$1,850,000
Subtotal Appropriation. . . . . . . . . . .$4,815,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $16,239,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$21,054,000
NEW SECTION. Sec. 116. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Capital Campus Master Plan (06-2-001)
Appropriation:
General Administration Services Account--State. . $200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $200,000
NEW SECTION. Sec. 117. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Senate Electronic Voting Machine (06-2-852)
Appropriation:
State Building Construction Account--State. . . . . . $500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $500,000
Sec. 118. 2005 c 488 s 201 (uncodified) is amended to read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
School Mapping (06-1-100)
The appropriations in this section ((is)) are subject to the following conditions and limitations: ((The appropriation is provided solely for the initial mapping of schools and production of software and may not be used to supplant any local government's existing school or other building mapping program that can transfer data to a statewide first responder building mapping information system.)) Mapping of ((public buildings, including)) school buildings((,)) shall be undertaken under standards adopted by the Washington association of sheriffs and police chiefs mapping software standards as required by RCW 36.28A.070. The ((criminal justice training commission)) Washington association of sheriffs and police chiefs shall work with the office of the superintendent of public instruction to ensure school mapping is part of newly constructed or renovated construction projects ((and shall develop policies and procedures to ensure efficient use and implementation of such procedures)). For school construction projects funded through the state board of education's state school construction assistance program during the 2005-2007 biennium, the Washington association of sheriffs and police chiefs shall prioritize the initial mapping or remapping of the state board of education's state school construction assistance program projects that are colocated with schools funded by the appropriation in this section. Additionally, the Washington association of sheriffs and police chiefs shall develop policies and procedures to ensure efficient use and implementation of such procedures.
It is the intention of the legislature that the design of new and remodeled facilities incorporate mapping and remapping as needed.
The Washington association of sheriffs and police chiefs will consult with the office of the superintendent of public instruction and report to the fiscal committees of the legislature on efficient and low-cost ways to maintain up-to-date maps.
Appropriation:
Education Construction Account--State. . . . . . . . $4,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$4,500,000
Sec. 119. 2005 c 488 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES
Echo Glen Children's Center - Housing Units (00-1-041)
Reappropriation:
State Building Construction Account--State. . . . . . $500,000
Appropriation:
State Building Construction Account--State. . . . .$5,800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $5,605,495
Future Biennia (Projected Costs). . . . . . . . . .(($16,100,000))
$10,300,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$22,205,495
NEW SECTION. Sec. 120. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill School: New Intensive Management Unit Building, and Health Center and Administration Building (06-2-202)
Appropriation:
State Building Construction Account--State. . . . .$1,250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $12,500,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$13,750,000
Sec. 121. 2005 c 488 s 238 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Washington Information Network 2-1-1 (06-2-850)
The appropriation in this section is subject to the following conditions and limitations: The department shall require the organizations to prepare a financing plan that specifies the full cost of implementing the system statewide including capital costs and operating costs by September 1, 2006. The financing plan shall identify appropriate sources of revenue to support full implementation and ongoing operational costs. Allowable uses of appropriated funds include the purchase of software, equipment, programming, and improvements located in states adjacent to Washington and that support the 2-1-1 information network in Washington.
Appropriation:
State Building Construction Account--State. . . . .$1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,000,000
NEW SECTION. Sec. 122. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil Building 9 Renovation - Transient Program (06-1-008)
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$318,000
State Building Construction Account--State. . . . . . $171,000
Subtotal Appropriation. . . . . . . . . . . . $489,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $489,000
Sec. 123. 2005 c 488 s 252 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Coyote Ridge Corrections Center: Expansion (98-2-011)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($179,000,000)) The appropriation in this section is provided solely to design and construct a ((1,280)) 1,792 bed medium-security prison at Coyote Ridge corrections center in Connell.
(2) The facility shall be a publicly-owned and operated facility.
(3) The new facility shall include at least 512 hybrid-security beds that have a lower cost to construct than conventional medium security beds but still maintain a medium security perimeter.
(4) Design of the facility shall incorporate efficiencies in administrative space and support services realized by sharing services within the region. The department shall examine other states' and private industry standard designs, and report on how efficiencies will be incorporated into the design of the facility to the office of financial management and to legislative fiscal staff not later than September 1, 2005. Nothing in this subsection requires the department to adopt design parameters that would endanger public safety or generate increased operating costs.
(5) Once opened, a portion of the new facility shall be used to alleviate the crowded conditions in reception at the Washington corrections center in Shelton.
Reappropriation:
State Building Construction Account--State. . . . . . $921,140
Appropriation:
State Building Construction Account--State(($179,000,000))
$229,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $986,347
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . (($180,907,487))
$230,907,487
Sec. 124. 2005 c 488 s 255 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center: 100-Bed Management and Segregation Unit (00-2-008)
Reappropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$819,229
State Building Construction Account--State.(($18,674,000))
$17,747,000
Subtotal Reappropriation. . . . . (($19,493,229))
$18,566,229Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$927,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$19,944,803
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$39,438,032
Sec. 125. 2005 c 488 s 264 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: North Close Security Compound (04-2-005)
Reappropriation:
State Building Construction Account--State. . .$124,000,000
Appropriation:
((General Fund--Federal. . . . . . . . . . . . . . . . . . . . $927,000))
State Building Construction Account--State. . (($5,891,000))
$6,818,000
((Subtotal Appropriation. . . . . . . . $6,818,000))
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $9,940,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . .$140,758,000
NEW SECTION. Sec. 126. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Replace Correctional Industry Roof (06-1-023)
Appropriation:
State Building Construction Account--State. . . . .$1,453,000
Charitable, Educational, Penal, and Reformatory
Institutions Account--State. . . . . . . .$1,998,000
Subtotal Appropriation. . . . . . . . . . .$3,451,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$3,451,000
NEW SECTION. Sec. 127. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Cedar Creek Corrections Center: 100 Bed Expansion (06-2-851)
Appropriation:
State Building Construction Account--State. . . . .$6,228,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$6,228,500
NEW SECTION. Sec. 128. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Larch Corrections Center: 80 Bed Expansion (06-2-852)
Appropriation:
State Building Construction Account--State. . . . .$3,071,500
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$3,071,500
Sec. 129. 2005 c 488 s 287 (uncodified) is amended to read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
Employment Resource Center (05-2-001)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely ((to)) for services and activities including the purchase and ((install)) installation of state of the art equipment for a 40,000 square foot facility supporting work force development programs using funds available to the state in section 903(d) of the Social Security Act (Reed act).
Reappropriation:
Unemployment Compensation Administration
Account--Federal. . . . . . . . . . . . . . . $6,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$6,000,000
Sec. 130. 2005 c 488 s 323 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (06-4-007)
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $10,000,000 of the state building construction account--state appropriation is provided for the extended grant payment to Spokane for the Spokane-Rathdrum Prairie aquifer.
(2) $5,000,000 of the state building construction account--state appropriation is provided solely for water quality grants for hardship communities with a population of less than 5,000. The department shall give priority consideration to: (a) Communities subject to a regulatory order from the department of ecology for noncompliance with water quality rules; (b) projects for which design work has been completed; and (c) projects with a local match from reasonable water quality rates and charges.
(3) $1,000,000 of the state building construction account--state appropriation is provided solely to design appropriate wastewater treatment facilities to serve the Hoodsport to Skokomish reservation areas of Hood Canal. The exact facilities will be based upon the recommendations from an analysis of wastewater management options for the Hoodsport to Skokomish river currently being undertaken by Mason county.
(4) $750,000 of the state building construction account--state appropriation is provided solely for assistance in management and clean up activities at Long Lake in Kitsap county and $50,000 of the state building construction account--state appropriation is provided solely for assistance in cleaning up Wapato Lake in Pierce county. The assistance is contingent on the lake communities adopting a lake management plan that meets the department's requirement.
(5) $320,000 of the water quality account--state appropriation is provided solely to Mason county to develop a septic system data base and identify failing septic systems in Hood Canal.
(6) $70,000 of the water quality account--state appropriation is provided solely to Kitsap county for surveys of septic systems in Hood Canal.
(7) $70,000 of the water quality account--state appropriation is provided solely to Jefferson county for surveys of septic systems in Hood Canal.
(8) Up to $1,500,000 of the water quality account--state appropriation is provided solely for grants for on-site sewage replacement. This appropriation may be used to: (a) Establish new or expand existing on-site sewage repair and replacement loan or grant programs by county governments or tribes; or (b) develop a pilot program to administer an on-site sewage repair and replacement loan program through a qualified private or nonprofit lending institution. This appropriation must be used in conjunction with the water pollution control revolving account--state appropriation in section 134 of this act provided for this purpose. Of this amount, up to $1,000,000 may be used to help financially distressed homeowners repair and replace failing on-site sewage systems, and up to $500,000 may be used to help local governments plan, implement, and administer the local loan fund assistance programs. The total overall local government and tribal administration costs may not exceed seven percent of the total statewide grant and loan on-site program. The department must report on the use of these funds to the Puget Sound water quality action team as part of its activities under the 2005-2007 Puget Sound conservation and recovery plan.
(9) $3,500,000 of the state toxics control account--state appropriation is provided solely for wastewater treatment upgrades at Twanoh, Dosewallips, Fort Casey, Fort Ebey, Birch Bay, and Sequim Bay state parks.
(10) $1,000,000 of the state toxics control account--state appropriation is provided solely for the city of Carnation wastewater treatment facility.
(11) The remaining appropriation in this section is provided for statewide water quality implementation and planning grants and loans.
Appropriation:
State Building Construction Account--State. . . .$20,000,000
Water Quality Account--State. . . . . . . . . . . . . (($7,500,000))
$9,000,000
State Toxics Control Account--State. . . . . . .(($10,500,000))
$15,000,000
Subtotal Appropriation. . . . . . .(($38,000,000))
$44,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . $211,808,000
TOTAL. . . . . . . . . . . . . . . . . . (($249,808,000))
$255,808,000
Sec. 131. 2005 c 488 s 324 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
State Drought Preparedness (05-4-009)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is provided solely for response to the statewide drought that was declared pursuant to chapter 43.83B RCW. The department of ecology may provide funding or compensation for purchase or lease of water rights and to public bodies as defined in RCW 43.83B.050 in connection with projects and measures designed to alleviate drought conditions which may affect: Public health and safety; drinking water supplies; agricultural activities; or fish and wildlife survival.
(2) Projects or measures for which funding or compensation will be provided must be connected with a water system, water source, or water body which is receiving, or has been projected to receive, less than seventy-five percent of normal water supply, as the result of natural drought conditions. This reduction in water supply must be such that it is causing, or will cause, undue hardship for the entities or fish or wildlife depending on the water supply. General criteria for guidelines to be established by the department of ecology for distribution of funds must include: A balanced and equitable distribution of the funds among the different sectors affected by drought; a funding process that ensures funds are available for drought impacts that arise both early and later during the course of the drought; and preference for projects that leverage other federal and local funds.
(3) Up to $1,500,000 of the reappropriation in this section is provided to the Roza irrigation district for the purchase or lease of water rights.
(4) Of the funds provided in this section, $150,000 is provided solely to support the development and demonstration of water management measures in the Walla Walla Basin that improve and protect instream flow and water quality, and which also help sustain agricultural and economic vitality. The director of the department shall report to the legislature by December 31, 2006, with any findings, conclusions, and recommendations regarding such water management measures.
(5) $50,000 of the reappropriation in this section is provided solely to Chelan county to assess the feasibility of storing water in Campbell creek canyon to supplement instream flows in Peshastin creek, as part of the Peshastin irrigation district.
Reappropriation:
State Drought Preparedness Account--State. . (($8,200,000))
$7,230,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($8,200,000))
$7,230,000
Sec. 132. 2005 c 488 s 325 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants for Clean up and Prevention (06-4-008)
The appropriation in this section is subject to the following conditions and limitations:
(1) $4,000,000 of the appropriation is provided solely for grants to local governments for local projects that implement the state "never waste" plan. Grant funds will emphasize additional organics composting and conversion, green building, and moderate risk waste projects described in the plan. Of this amount, up to $1,600,000 may be used for one-time funding for auto switch recycling consistent with the memorandum of agreement being finalized with the auto recyclers association.
(2) $2,000,000 of the appropriation is provided for emission reduction projects for local governments to retrofit public sector diesel engines with exhaust emission control devices or to make other modifications or operational changes, including cleaner fuels, to allow public sector fleets to reduce their emissions.
(3) $3,000,000 of the appropriation is provided solely for grants to local governments needing assistance in complying with the new phase II storm water permit requirements. Of this amount, $300,000 is provided solely for Mason county to prepare storm water management plans for Belfair and Hoodsport consistent with the storm water program in the Puget Sound conservation and recovery plan.
(4) (($60,000,000)) $70,900,000 of the appropriation is provided solely for remedial action grants. Of this amount, $1,000,000 is provided to the town of Warden to respond to contamination of their existing water system.
(5) From within this appropriation, the department shall prepare an online guide to help small businesses and homeowners learn what to do if they discover toxic wastes on their property. The guide shall provide information about local resources for clean up and disposal of toxic wastes.
(6) $8,000,000 of the appropriation is provided solely for coordinated prevention grants provided to local governments for local government solid and hazardous waste planning, household and small business hazardous waste collection and disposal, recycling capital purchases and program development, and local solid waste enforcement.
Appropriation:
Local Toxics Control Account--State. . . . . . (($80,000,000))
$98,900,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$45,000,000
Future Biennia (Projected Costs). . . . . . . . . . . $180,000,000
TOTAL. . . . . . . . . . . . . . . . . . (($315,000,000))
$323,900,000
Sec. 133. 2005 c 488 s 327 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Safe Soil Remediation and Awareness Projects (06-2-001)
Appropriation:
State Toxics Control Account--State. . . . . . . .(($2,000,000))
$5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($2,000,000))
$5,000,000
Sec. 134. 2005 c 488 s 329 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Account (06-4-002)
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall give priority loan funding consideration to on-site septic system rehabilitation and replacement programs in Mason, Kitsap, and Jefferson counties for at least $1,000,000 from the water pollution control revolving account--state in the second year of the funding cycle.
(2) Up to $5,000,000 of the water pollution control revolving account--state appropriation is provided solely for loans for on-site sewage replacement. This appropriation may be used to: (a) Establish new or expand existing on-site sewage repair and replacement loan programs by county governments or tribes; or (b) develop a pilot program to administer an on-site sewage repair and replacement loan program through a qualified private or nonprofit lending institution. This appropriation must be used in conjunction with water quality account--state appropriation in section 130 of this act provided for this purpose. The department must work with the department of health, the Puget Sound water quality action team, local governments, and the lending industry in developing and piloting this program. The department shall provide a status report on the loan program to the governor and the appropriate legislative fiscal committees by June 30, 2007, including any recommendations for improving the program. The department must report on the use of these funds to the Puget Sound water quality action team as part of its activities under the 2005-2007 Puget Sound conservation and recovery plan.
Appropriation:
Water Pollution Control Revolving
Account--State. . . . . . . . . . . . . . . $162,839,146
Water Pollution Control Revolving
Account--Federal. . . . . . . . . . . . . . $76,777,140
Subtotal Appropriation. . . . . . . . .$239,616,286
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . $912,000,000
TOTAL. . . . . . . . . . . . . . . . . . . $1,151,616,286
NEW SECTION. Sec. 135. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Motor Vehicle Mercury Removal Program (06-2-850)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is for one-time funding to implement the memorandum of agreement establishing the Washington motor vehicle mercury switch removal program. If chapter ... (Second Substitute House Bill No. 1731), Laws of 2006 is enacted by June 30, 2006, then the amount in this section shall be appropriated to the Hood Canal aquatic rehabilitation program under the interagency committee for outdoor recreation in section 151 of this act.
Appropriation:
State Toxics Control Account--State. . . . . . . . . . $1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,000,000
NEW SECTION. Sec. 136. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Early Spill Response Equipment Caching (06-1-003)
The appropriation in this section is subject to the following conditions and limitations: $1,450,000 of the appropriation is provided solely for grants to local governments to secure and place hazardous material spill response equipment at critical locations around the state. Grant funds will emphasize strategic placement of equipment that will allow for quick access and deployment by state, local, or tribal responders in the event of a spill.
Appropriation:
Local Toxics Control Account--State. . . . . . . . . . $1,450,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,450,000
NEW SECTION. Sec. 137. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Local Innovative Storm Water Grants (06-2-006)
The appropriation in this section is subject to the following conditions and limitations: This appropriation is provided solely for grants to local governments in Puget Sound to fund innovative, low-impact development storm water management projects to meet critical storm water management needs and protect or restore water quality. Projects may include use of bioretention, rainwater harvest, permeable pavement, vegetated roofs, and other low-impact development techniques. Projects funded in Puget Sound must meet the design guidelines contained in the low impact development technical guidance manual for Puget Sound, unless the municipality can demonstrate that site conditions warrant a deviation from the design guidelines and the deviations in design shall provide similar performance. All projects must include performance monitoring. The department must report on the use of these funds to the Puget Sound water quality action team as part of its activities under the 2005-2007 Puget Sound conservation and recovery plan.
Appropriation:
State Building Construction Account--State. . . . .$2,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$2,500,000
NEW SECTION. Sec. 138. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Clean Up (06-1-002)
The appropriation in this section is subject to the following conditions and limitations: Funding is provided solely for the department to initiate clean up of waste tires at the highest risk sites statewide. This clean up work must include major progress at the Goldendale site in Klickitat county.
Appropriation:
Waste Tire Removal Account--State. . . . . . . . . . .$4,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$4,000,000
NEW SECTION. Sec. 139. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (06-4-001)
The appropriation in this section is subject to the following conditions and limitations: Funding is provided for the clean up of contaminated sites that lie adjacent to and are within one-half mile of Puget Sound. Clean ups must include orphan and abandoned sites that pose a threat to Puget Sound with the highest priority sites being cleaned up first. The department must report on the use of these funds to the Puget Sound water quality action team as part of its activities under the 2005-2007 Puget Sound conservation and recovery plan.
Appropriation:
State Toxics Control Account--State. . . . . . . . . . $4,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$4,000,000
NEW SECTION. Sec. 140. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxic Sites - Upland and Aquatics (06-1-005)
The appropriation in this section is subject to the following conditions and limitations: The department must report on the use of these funds to the Puget Sound water quality action team as part of its activities under the 2005-2007 Puget Sound conservation and recovery plan.
Appropriation:
State Toxics Control Account--State. . . . . . . . . . $5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$5,000,000
NEW SECTION. Sec. 141. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Columbia River Basin Water Supply Development Program (06-2-950)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for implementation of the Columbia river basin water supply development program in chapter ... (Engrossed Second Substitute House Bill No. 2860), Laws of 2006.
Appropriation:
Columbia River Basin Water Supply
Development Account--State. . . . .$10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$10,000,000
Sec. 142. 2005 c 488 s 340 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works: Facility Preservation (04-1-001)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations in this section are provided solely to continue minor works projects that reduce the deferred maintenance backlog.
Reappropriation:
State Building Construction Account--State. . . . . . $147,269
Parks Renewal and Stewardship Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($2,600,000))
$679,079
Subtotal Reappropriation. . . . . . (($2,747,269))
$826,348
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $4,990,231
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($7,737,500))
$5,816,579
Sec. 143. 2005 c 488 s 341 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Parkland Acquisition (04-2-013)
Reappropriation:
Parkland Acquisition Account--State. . . . . . . . .(($412,690))
$191,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($412,690))
$191,000
Sec. 144. 2005 c 488 s 342 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Recreation Development (04-2-002)
The reappropriation in this section is subject to the following conditions and limitations:
(1) Up to $100,000 of the reappropriation shall be used to retain a consultant to conduct a predesign study for a headquarters building located in Thurston county. The predesign shall compare a new leased facility against options to build and evaluate appropriate funding strategies.
(2) (($900,000)) Up to $700,000 of the reappropriation is provided ((solely)) to install fee collection stations at selected parks statewide. Any unused funding of this reappropriation may be expended on other recreation development projects.
(3) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the commission shall file quarterly project progress reports with the office of financial management.
Reappropriation:
State Building Construction Account--State. . . . . . $700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $2,200,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$2,900,000
Sec. 145. 2005 c 488 s 346 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Beacon Rock - Pierce Trust (06-1-030)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for improvements to ((the group camp at)) Beacon Rock state park.
(2) The funding has been provided solely and directly for this project.
Appropriation:
Parks Renewal and Stewardship Account--Private/Local
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $350,000
NEW SECTION. Sec. 146. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Sustainable Development and Restoration (06-1-011)
Appropriation:
State Building Construction Account--State. . . . . . $500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $500,000
Sec. 147. 2005 c 488 s 360 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Parkland Acquisition Account (06-2-020)
The appropriation in this section is subject to the following conditions and limitations: The state parks and recreation commission shall provide lists of potential purchases and sales to the office of financial management and the legislature prior to committing the state parks and recreation commission to any sale or purchase of land or buildings and prior to any allotments made for those purchases. Included in the lists will be any potential operating or capital cost impacts known to the state parks and recreation commission.
Appropriation:
Parkland Acquisition Account--State. . . . . . . (($4,000,000))
$6,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $16,000,000
TOTAL. . . . . . . . . . . . . . . . . . . (($20,000,000))
$22,000,000
Sec. 148. 2005 c 488 s 365 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Park Development (06-1-950)
The appropriation in this section is subject to the following conditions and limitations:
(1) $250,000 is provided solely to construct a pedestrian/emergency vehicle access bridge across Connor creek to allow for beach access.
(2) $500,000 is provided solely to determine long-term park zoning, design park amenities and services, and provide site permit and initial construction development at Nisqually-Mashel. The state parks and recreation commission shall provide a predesign in accordance with the office of financial management's predesign instructions.
(3) $150,000 is provided solely for initial park development at Sequim Bay-Miller Peninsula. The state parks and recreation commission shall provide a predesign in accordance with the office of financial management's predesign instructions.
Appropriation:
State Building Construction Account--State. . . . . . $900,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $900,000
NEW SECTION. Sec. 149. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Hood Canal Wastewater and Improvement Projects (06-1-850)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for wastewater and clean water improvement projects at the following locations:
ProjectsAmount
Twanoh state park$100,000
Dosewallips state park$1,200,000
Belfair state park$700,000
Potlatch state park$1,050,000
Kitsap Memorial state park$500,000
Scenic Beach state park$900,000
Twanoh and Triton Cove state parks$300,000
Shine Tidelands state park$850,000
Pleasant Harbor state park$150,000
Triton Cove state park$170,000
Total$5,920,000
Appropriation:
Hood Canal Aquatic Rehabilitation Bond
Account--State. . . . . . . . . . . . . . . . . $5,920,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$5,920,000
NEW SECTION. Sec. 150. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Puget Sound Wastewater and Improvement Projects (06-1-851)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for wastewater and clean water improvement projects at the following locations:
Projects Amount
Sequim Bay state park $125,000
Fort Flagler state park $750,000
Larabee state park $750,000
Fort Worden state park $300,000
Camano Island state park $300,000
Deception Pass state park $350,000
Possession Point $250,000
Illahee state park $1,100,000
Kopachuck state park $1,200,000
Penrose Point state park $700,000
Blake Island state park $250,000
Fay Bainbridge state park $1,300,000
Total $7,375,000
Appropriation:
State Building Construction Account--State. . . . .$7,375,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$7,375,000
NEW SECTION. Sec. 151. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Hood Canal Aquatic Rehabilitation Program (06-4-850)
The appropriation in this section is subject to the following conditions and limitations:
(1) The Puget Sound action team and the local management board shall develop a list of projects, studies, and activities relating to the recovery of Hood Canal in accordance with RCW 90.88.030. The list developed shall be based upon the project's likely value in addressing and resolving Hood Canal's low-dissolved oxygen concentrations.
(2) The Puget Sound action team and the local management board shall recommend to the interagency committee for outdoor recreation and the governor a prioritized list of projects to be funded under subsection (1) of this section. The governor may remove projects from the list recommended by the Puget Sound action team and the local management board and shall submit this amended list in the capital budget request to the legislature. The list shall include, but not be limited to, a description of each project and the amount of recommended state funding.
(3) The interagency committee for outdoor recreation shall not sign contracts or otherwise financially obligate funds from the Hood Canal aquatic rehabilitation bond account before the legislature has appropriated funds for a specific list of projects. The legislature may remove projects from the list recommended by the Puget Sound action team and the local management board.
Appropriation:
Hood Canal Aquatic Rehabilitation Bond
Account--State. . . . . . . . . . . . . . . . . $1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $42,600,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$43,600,000
Sec. 152. 2005 c 488 s 368 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Firearms and Archery Range Program (FARP) (98-2-004)
Reappropriation:
Firearms Range Account--State. . . . . . . . . . . . . . (($31,478))
$61,478
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $542,191
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($573,669))
$603,669
Sec. 153. 2005 c 488 s 369 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Nonhighway Off-road Vehicle Program (NOVA) (98-2-002)
Reappropriation:
Nonhighway and Off-Road Vehicle Activities
Program Account--State. . . . . . . (($1,243,986))
$1,322,986
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $9,851,937
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($11,095,923))
$11,174,923
Sec. 154. 2005 c 488 s 370 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington Wildlife and Recreation Program (WWRP) (98-2-003)
The reappropriations in this section are subject to the following conditions and limitations: Any amount of the reappropriations that is not obligated to a specific project may be used to fund alternate projects approved by the legislature from the same account in biennia succeeding that in which the moneys were originally appropriated.
Reappropriation:
Outdoor Recreation Account--State. . . . . . . . . . . $4,547,515
Habitat Conservation Account--State. . . . . . . (($1,170,894))
$4,382,894
Subtotal Reappropriation. . . . . . (($5,718,409))
$8,930,409
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$71,883,173
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($77,601,582))
$80,813,582
Sec. 155. 2005 c 488 s 372 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon Recovery Funding Board Programs (SRFB) (00-2-001)
Reappropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . .(($11,227,424))
$13,320,424
Salmon Recovery Account--State. . . . . . . . . . (($2,366,010))
$3,597,010
Subtotal Reappropriation. . . . . (($13,593,434))
$16,917,434
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$88,031,707
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . (($101,625,141))
$104,949,141
Sec. 156. 2005 c 488 s 376 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Firearms and Archery Range Program (02-0-001)
Reappropriation:
Firearms Range Account--State. . . . . . . . . . . . . . (($44,677))
$120,677
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $355,323
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($400,000))
$476,000
Sec. 157. 2005 c 488 s 382 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Wildlife and Recreation Program (WWRP) (02-4-003)
The reappropriations in this section are subject to the following conditions and limitations: Any amount of the reappropriations that is not obligated to a specific project may be used to fund projects in the following order: (1) The department of natural resources Cypress Island project; and (2) alternate projects approved by the legislature from the same account in biennia succeeding that in which the funds were originally appropriated.
Reappropriation:
Outdoor Recreation Account--State. . . . . . . . .(($2,041,864))
$3,525,864
Habitat Conservation Account--State. . . . . . . . . . $6,928,926
Subtotal Reappropriation. . . . . . (($8,970,790))
$10,454,790
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$36,029,210
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($45,000,000))
$46,484,000
Sec. 158. 2005 c 488 s 385 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Boating Facilities Program (BFP) (04-4-003)
Reappropriation:
Recreation Resources Account--State. . . . . . . (($3,753,480))
$4,484,480
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $3,753,479
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($7,506,959))
$8,237,959
Sec. 159. 2005 c 488 s 386 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Firearms and Archery Range Program (04-4-006)
Reappropriation:
Firearms Range Account--State. . . . . . . . . . . . . (($144,997))
$154,997
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $105,003
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($250,000))
$260,000
Sec. 160. 2005 c 488 s 387 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Family Forest Fish Blockages Program (04-4-011)
Reappropriation:
State Building Construction Account--State. . . .(($780,379))
$1,191,379
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $1,219,621
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($2,000,000))
$2,411,000
Sec. 161. 2005 c 488 s 390 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
National Recreation Trails Program (NRTP) (04-4-008)
Reappropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . .(($1,130,000))
$1,447,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $1,130,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($2,260,000))
$2,577,000
Sec. 162. 2005 c 488 s 391 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Nonhighway and Off-Road Vehicle Activities Program (NOVA) (04-4-004)
Reappropriation:
NOVA Program Account--State. . . . . . . . . . . (($5,492,729))
$5,620,729
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $1,433,581
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($6,926,310))
$7,054,310
Sec. 163. 2005 c 488 s 392 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon Recovery Funding Board Programs (SRFB) (04-4-001)
Reappropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . .(($32,832,305))
$35,876,305
State Building Construction Account--State.(($11,500,000))
$13,885,000
Subtotal Reappropriation. . . . . (($44,332,305))
$49,761,305
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $1,000,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($45,332,305))
$50,761,305
Sec. 164. 2005 c 488 s 398 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Family Forest Fish Passage Program (06-4-011)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation is provided solely for the salmon recovery funding board in consultation with the small forest landowner office of the department of natural resources and the department of fish and wildlife to provide grants to correct fish passage blockages on nonindustrial forest lands. Selection of projects must be coordinated with the other salmon recovery grant programs provided in section 403 of this act.
(2) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the committee shall file quarterly project progress reports with the office of financial management.
Appropriation:
State Building Construction Account--State. . . . .$4,150,000
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . $217,000
Subtotal Appropriation. . . . . . . . . . .$4,367,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($4,150,000))
$4,367,000
Sec. 165. 2005 c 488 s 401 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Nonhighway and Off-Road Vehicle Program (NOVA) (06-4-004)
The appropriation in this section is subject to the following conditions and limitations: $345,000 of the appropriation is for implementation of the off-road vehicle data base authorized in chapter ... (Substitute House Bill No. 2658), Laws of 2006. If the bill is not enacted by June 30, 2006, the amount in this section shall be used for the nonhighway and off-road vehicle program.
Appropriation:
Nonhighway and Off-Road Vehicle Activities
Program Account--State. . . . . . . . . .$7,579,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $39,946,858
TOTAL. . . . . . . . . . . . . . . . . . . . . .$47,525,858
Sec. 166. 2005 c 488 s 402 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
National Recreation Trails Program (NRTP) (06-4-008)
The appropriation in this section is subject to the following conditions and limitations: $500,000 is provided solely for mountains to sound greenway outdoor recreation projects on the I-90 corridor located in King county and western Kittitas county. Projects must be recreational or scenic in nature, including recreational trail development and expansion, visitor facilities enhancement, sign location, snopark improvements, and property acquisition.
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . .(($2,350,000))
$2,800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . $9,400,000
TOTAL. . . . . . . . . . . . . . . . . . . (($11,750,000))
$12,200,000
Sec. 167. 2005 c 488 s 395 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Boating Facilities Program (BFP) (06-4-003)
The appropriation in this section is subject to the following conditions and limitations: Any amount of the appropriation that is not obligated to a specific project in the first application round shall be used to fund boat sewage disposal facilities.
Appropriation:
Recreation Resources Account--State. . . . . . . (($8,350,000))
$7,271,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $36,597,535
TOTAL. . . . . . . . . . . . . . . . . . . (($44,947,535))
$43,868,535
NEW SECTION. Sec. 168. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Local Parks - Level of Service Standard Study (06-2-851)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the interagency committee for outdoor recreation to develop recommendations for a statewide approach to a recreation level of service for local and regional active recreation facilities, including indicators with which to measure progress in achieving level of service objectives. The recommendations must be coordinated with those of the priorities of government effort. The interagency committee for outdoor recreation shall also recommend standardized definitions for types of parks and recreational facilities, and a process for periodically measuring performance indicators and reporting the results. The interagency committee for outdoor recreation may enter into a contract with an entity with expertise in parks facility planning, level of service standards, and geographic information systems.
(2) The interagency committee for outdoor recreation shall submit a report to the appropriate committees of the legislature by January 1, 2007. The report must include the following: (a) Level of service standards including individual participation measures; (b) service area analysis using geographic information system tools and techniques; and (c) recommendations to incorporate level of service reporting into grant-in-aid programs.
Appropriation:
Youth Athletic Facility Account--State. . . . . . . . . . . $50,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . $50,000
Sec. 169. 2005 c 488 s 414 (uncodified) is amended to read as follows:
FOR THE STATE CONSERVATION COMMISSION
Skokomish Anaerobic Digester (06-4-009)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for a grant to the Mason conservation district for construction of an anaerobic digester in the Skokomish river watershed. Up to (($50,000)) $65,000 of this amount may be spent on completing design concepts and feasibility analysis. The remaining funds shall be allotted only after the following has occurred: (1) Mason conservation district secures nonstate matching funds or in-kind contributions of at least twenty-five percent of the total project cost; (2) a feasibility study is completed and submitted to the Puget Sound action team and the state conservation commission; and (3) the Puget Sound action team and the state conservation commission approve the project proposal.
Appropriation:
State Building Construction Account--State. . . . . . $560,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $560,000
Sec. 170. 2005 c 488 s 425 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Facility, Infrastructure, Lands, and Access Condition Improvements (06-1-002)
The appropriations in this section are subject to the following limitations: $5,000 of the appropriation in this section is provided solely for bank stabilization of the south Toledo access road.
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . .$650,000
State Building Construction Account--State. . . . .$6,457,000
Subtotal Appropriation. . . . . . . . . . .$7,107,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $26,600,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$33,707,000
Sec. 171. 2005 c 488 s 427 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fish and Wildlife Population and Habitat Protection (06-1-003)
The appropriations in this section are subject to the following conditions and limitations:
(((2))) (1) It is the intent of the legislature that expenditures from the wildlife account--state appropriation shall only be made to the extent funds are available in the account and will not result in a reduction to other programs or activities.
(2) The department of fish and wildlife, in coordination with the department of natural resources, shall pursue claims against the Columbia rural electric association and Asplundh for damage to state property caused by the school fire in the Wooten wildlife area. Any compensation received from such claims will be deposited in the state wildlife account.
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . $2,830,000
General Fund--Private/Local. . . . . . . . . . . . . . . . .$3,500,000
State Building Construction Account--State. . . . . . $500,000
Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . $600,000
Subtotal Appropriation. . . . . . . . . . .$7,430,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $34,920,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$42,350,000
NEW SECTION. Sec. 172. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Land Acquisition Pass-Thru Grants (06-4-018)
Appropriation:
Wildlife Account--Federal. . . . . . . . . . . . . . . . . . $3,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$3,300,000
NEW SECTION. Sec. 173. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Department of Natural Resources - Department of Fish and Wildlife Land Exchange - Shrub Steppe (06-2-851)
The appropriation in this section is subject to the following conditions and limitations: Funding is provided solely to appraise the value of lands for exchange with the department of natural resources. Forest lands transferred to the department of natural resources under this section shall be actively managed by the department under a cooperative agreement with surrounding public and private landowners to implement landscape scale restoration and other management objectives.
Appropriation:
State Building Construction Account--State. . . . . . $500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $500,000
NEW SECTION. Sec. 174. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Alternative Mitigation Exchange Service (06-2-852)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for contract services with the association of Washington cities and the Washington state association of counties for the purpose of developing and demonstrating an alternative mitigation exchange service in Vancouver and Clark county. The purposes of the exchange are to improve the environmental value of permit decision-making and to accomplish permit streamlining objectives.
Appropriation:
State Building Construction Account--State. . . . . . $200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $200,000
NEW SECTION. Sec. 175. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Estuary and Salmon Restoration in Puget Sound (06-2-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for nearshore estuary and shoreline projects supporting salmon recovery in Puget Sound.
(2) Project selection and funding decisions shall be submitted for approval to the executive committee of the Puget Sound nearshore partnership between the department and the United States army corps of engineers.
(3) Funded projects require a nonstate match or in-kind contributions. The match requirements must be approved by the executive committee identified in subsection (2) of this section.
(4) Project selection and funding decisions must be coordinated with the salmon recovery funding board to ensure that project funding and matching requirements are maximized to the greatest extent possible.
(5) The department shall not utilize any amount of this appropriation to support administration or overhead. Funding to support the administration of the funds and the implementation of selected projects must be obtained from the department's operating budget.
(6) Eligible projects must be within Puget Sound and identified in a current salmon recovery plan.
(7) All funds must be obligated to a specific project or projects no later than October 15, 2006.
(8) The department shall submit a report to the legislature and the office of financial management by November 1, 2006. The report must describe the status of all projects authorized for funding under this appropriation, including project location, implementation timeline, performance measures, funding structure, matching funds, and expected results.
Appropriation:
State Building Construction Account--State. . . . .$2,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . $5,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$7,500,000
Sec. 176. 2005 c 488 s 443 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Bank (06-2-015)
The appropriation in this section is subject to the following conditions and limitations: The department shall prepare an inventory of acquisitions, sales, transfers, or exchanges of water rights within the past ten years. This inventory shall be submitted in a report to the appropriate committees of the legislature by December 1, 2006. The report shall also estimate the cost of a study to inventory all water rights that are connected to existing state lands.
Appropriation:
Resources Management Cost Account--State. (($5,000,000))
$43,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$10,462,000
Future Biennia (Projected Costs). . . . . . . . . . . . $40,000,000
TOTAL. . . . . . . . . . . . . . . . . . . (($55,462,000))
$93,462,000
Sec. 177. 2005 c 488 s 451 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Small Timber Landowner (FREP) (06-2-019)
The appropriation in this section is subject to the following conditions and limitations:
(1) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department shall file quarterly project progress reports with the office of financial management.
(2) The department may not expend more than (($200,000)) $300,000 of the appropriation for administrative or staff costs.
Appropriation:
State Building Construction Account--State. . . . .$8,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $7,750,000
Future Biennia (Projected Costs). . . . . . . . . . . . $40,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$55,750,000
NEW SECTION. Sec. 178. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Federal HCP Land Acquisition Grants (06-2-950)
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . $6,720,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$6,720,000
Sec. 179. 2005 c 488 s 453 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Statewide Aquatic Restoration Projects (06-2-008)
The appropriations in this section are subject to the following conditions and limitations: $2,000,000 of the state toxics control account--state appropriation is provided solely for costs related to removal of creosote logs and pilings in Puget Sound.
Appropriation:
Aquatic Lands Enhancement Account--State. . . . . .$300,000
State Toxics Control Account--State. . . . . . . . . . . . . .$2,000,000
State Building Construction Account--State. . . . . . $150,000
Subtotal Appropriation. . . . . . . . . .(($450,000))
$2,450,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $200,000
Future Biennia (Projected Costs). . . . . . . . . . . . . $1,200,000
TOTAL. . . . . . . . . . . . . . . . . . . . (($1,850,000))
$3,850,000
NEW SECTION. Sec. 180. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Old Growth Forest Inventory (06-2-855)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely to conduct an inventory of old growth forests located on state lands east of the crest of Cascade mountains. The inventory is intended to be a continuation of the inventory conducted pursuant to section 905, chapter 277, Laws of 2004, and must be completed in two phases.
(2) In conducting the inventory required by this section, the department of natural resources shall reconvene a scientific panel with membership consistent with the structure created in section 905, chapter 277, Laws of 2004, and direct the panel to review the best available applicable scientific information. The panel shall also develop a definition for old-growth trees and stands located east of the crest of the Cascade mountains using attributes measured in department of natural resources inventory plots.
(3) The first phase of the inventory required by this section shall be completed by July 1, 2007. In the first phase, the panel shall identify reference stands for old-growth ponderosa pine, dry mixed conifer species, and pine-oak plant associations.
(4) The second phase of the inventory required by this section shall be completed by December 15, 2007. In the second phase, the department of natural resources shall use the definition provided by the scientific panel under subsection (2) of this section to produce an inventory of old growth forests located on state lands east of the crest of Cascade mountains. The inventory must include:
(a) Maps that illustrate the distribution of forest stands containing old-growth ponderosa pine, dry mixed-conifer species, and pine-oak plant associations, including sites with residual old-growth ponderosa pine trees; and
(b) Tables describing the number of acres of old-growth stands in each county, forest type, and department of natural resources' administrative unit.
(5) The department of natural resources shall report the information required by this section to the appropriate committees of the legislature.
(6) Until the completion of the inventory required by this section, the department of natural resources may not cut or remove any Douglas fir, ponderosa pine, or larch trees from state lands located east of the crest of the Cascade mountains if the tree is one hundred sixty years in age or older and has a diameter of twenty-eight inches or more when measured at breast height, unless removal of the tree is determined by the department of natural resources to be necessary to prevent an imminent physical or ecological hazard or otherwise satisfy a safety concern.
Appropriation:
State Building Construction Account--State. . . . . . . . . $100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $100,000
Sec. 181. 2005 c 488 s 460 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
Hop Initiative (06-1-951)
Appropriation:
State Building Construction Account--State. . . .(($500,000))
$1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($500,000))
$1,000,000
Sec. 182. 2005 c 488 s 601 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
Common School Construction Account Deposits
The appropriations in this section are subject to the following conditions and limitations:
(1) (($15,000,000)) $33,766,000 in fiscal year 2006 and $15,000,000 in fiscal year 2007 of the education savings account appropriation shall be deposited in the common school construction account.
(2) $99,737,000 of the education construction account appropriation shall be deposited in the common school construction account.
Appropriation:
Education Savings Account--State. . . . . . . . (($30,000,000))
$48,766,000
Education Construction Account--State. . . . . . .$99,737,000
Subtotal Appropriation. . . . . . (($129,737,000))
$148,503,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . (($129,737,000))
$148,503,000
Sec. 183. 2005 c 488 s 605 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
School Construction Assistance Program (06-4-100)
The appropriations in this section are subject to the following conditions and limitations:
(1) For state assistance grants for purposes of calculating square foot eligibility, kindergarten student headcount shall not be reduced by fifty percent.
(2)(a) $14,439,000 from this appropriation is provided solely for projects at skills centers that are included on the prioritized list of capital items and major capital project list submitted by the state board of education ((and)).
(b) $150,000 from this appropriation is provided solely for a comprehensive feasibility study for the development of a skills center in Skagit county.
(c) $400,000 from this appropriation is provided solely for comprehensive feasibility studies for the development of skills centers in the following targeted areas: Moses Lake, northeast King county, Pierce county, and Seattle. Skills centers shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures and the proposed expenditures shall conform to state board of education rules and procedures for reimbursement of capital items. The state board of education shall develop a plan to include skills center capital requests within the state construction assistance program.
(3) $156,155,000 of this appropriation is provided solely to increase the area cost allowance by $12.14 per square foot for grades K-12 for fiscal year 2006, an additional $12.27 per square foot for grades K-12 for fiscal year 2007, the student square footage allocation in fiscal year 2007 in accordance with the first step in the state board of education six-year plan, and the amount of state assistance provided for modernization and new in-lieu projects to one hundred percent of the area cost allowance.
(4) The appropriation in this section includes the amounts deposited in the common school construction account under section 601 of this act.
Appropriation:
State Building Construction Account--State. . .$130,200,000
Common School Construction Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($474,853,000))
$511,116,000
Subtotal Appropriation. . . . . . (($605,053,000))
$641,316,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . .$2,832,159,000
TOTAL. . . . . . . . . . . . . . . . .(($3,437,212,000))
$3,473,475,000
Sec. 184. 2005 c 488 s 606 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
Environmental Learning Centers (06-2-951)
The appropriation in this section is subject to the following conditions and limitations:
(1) $1,950,000 from this appropriation is provided solely for capital projects at the Chewelah peak learning center. The Chewelah peak learning center shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures.
(2) $400,000 of this appropriation is provided solely for capital projects at Camp Waskowitz learning center. Camp Waskowitz shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures.
(3) $500,000 of this appropriation is provided solely for capital projects at IslandWood education center on Bainbridge island. IslandWood shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures.
Appropriation:
State Building Construction Account--State. . . . .$2,350,000
Common School Construction Account--State. . . . $500,000
Subtotal Appropriation. . . . . . . . . . .$2,850,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . (($2,350,000))
$2,850,000
Sec. 185. 2005 c 488 s 607 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
Apple Award Construction Achievement Grants (06-4-850)
The appropriation in this section is subject to the following conditions and limitations: Grants of $25,000 are provided to public elementary schools whose students have shown the greatest combined average increase in the percentage of students meeting the fourth grade reading, mathematics, and writing standards on the Washington assessment of student learning from school year 2003-04 as compared to school year 2004-05 and school year 2004-05 as compared to school year 2005-06 ((and 2006-07)). $250,000 shall be available for awards in ((2005-06)) fiscal year 2006 and $250,000 in ((2006-07)) fiscal year 2007. The program shall be administered by the state board of education which shall determine categories for selection that provides geographic and school district size representation.
The grants shall be used for capital construction purposes as determined by the students in the schools and approved by the district's school directors. The funds may be used exclusively for capital construction projects on school property or on other public property in the community, city, or county in which the school is located.
Appropriation:
Education Construction Account--State. . . . . . . . . .$500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $500,000
Sec. 186. 2005 c 488 s 609 (uncodified) is amended to read as follows:
((FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION)) FOR THE STATE BOARD OF EDUCATION
High Performance Buildings (06-4-852)
The appropriation in this section is subject to the following conditions and limitations: Additional funding will be provided to school districts constructing public schools to recognized standards for high performance public buildings for a transition period of three years. The districts building high performance public schools will be granted funding per school project for capital-related costs associated with the design and construction of public K-12 schools that meet or exceed comprehensive design, construction, and operating standards for high performance and sustainable school buildings. No more than $250,000 will be allotted for each elementary school built to high performance standards, no more than $350,000 will be allotted for each middle school built to high performance standards, and no more than $500,000 will be allotted to each high school built to high performance standards. These levels may be modified, in a limited manner, if specific project conditions warrant and as determined by the office of the superintendent of public instruction. The state board of education and the office of the superintendent of public instruction shall not expend more than $195,000 of the appropriation for administrative costs.
Appropriation:
State Building Construction Account--State. . . . .$6,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $13,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$19,500,000
Sec. 187. 2005 c 488 s 610 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
State School Construction Assistance Program Administration (06-2-001)
The appropriation in this section is subject to the following conditions and limitations: $76,000 of the common school construction account--state appropriation is provided solely to implement chapter ... (Substitute House Bill No. 3098), Laws of 2006 (state board of education). If the bill is not enacted by June 30, 2006, the appropriation shall lapse.
Appropriation:
Common School Construction Account--State(($2,279,004))
$2,355,004
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $3,969,379
Future Biennia (Projected Costs). . . . . . . . . . . . $10,554,882
TOTAL. . . . . . . . . . . . . . . . . . . (($16,803,265))
$16,879,265
Sec. 188. 2005 c 488 s 612 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
Campus Preservation (06-1-003)
Appropriation:
State Building Construction Account--State. . . .(($700,000))
$900,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . $2,800,000
TOTAL. . . . . . . . . . . . . . . . . . . . (($3,500,000))
$3,700,000
Sec. 189. 2005 c 488 s 613 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
Omnibus Minor Works - Preservation (06-1-002)
Appropriation:
State Building Construction Account--State. . . .(($200,000))
$400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . .$775,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .(($975,000))
$1,175,000
Sec. 190. 2005 c 488 s 632 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Guggenheim Hall Renovation (06-1-006)
The appropriations in this section ((is)) are subject to the following conditions and limitations: No money from the appropriation in this section may be expended on surge space.
Appropriation:
State Building Construction Account--State.(($24,500,000))
$19,750,000
Education Construction Account--State. . . . . . . . . . . $4,750,000
Subtotal Appropriation. . . . . . . . . .$24,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $1,812,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . .$26,312,000
Sec. 191. 2005 c 488 s 650 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
WSU Pullman - Biotechnology/Life Sciences 2 (04-2-085)
Reappropriation:
Washington State University Building Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,400,000
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . $10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . $3,250,000
Future Biennia (Projected Costs). . . . . . . . . .(($45,000,000))
$56,000,000
TOTAL. . . . . . . . . . . . . . . . . . . (($49,650,000))
$70,650,000
Sec. 192. 2005 c 488 s 659 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Minor Works - Facility Preservation (06-1-001)
The appropriation in this section is subject to the following conditions and limitations: $50,000 of the appropriation from the Washington State University building account--state is provided solely for preliminary design, engineering, permitting, and cost estimate evaluations to modernize and expand the existing dairy facilities in Pullman.
Appropriation:
State Building Construction Account--State. . . .$25,000,000
Washington State University Building Account--State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (($5,500,000))
$10,500,000
Subtotal Appropriation. . . . . . .(($30,500,000))
$35,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . $120,000,000
TOTAL. . . . . . . . . . . . . . . . . . (($150,500,000))
$155,500,000
NEW SECTION. Sec. 193. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Martin Williamson Renovation (06-1-706)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . . .$200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $24,238,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$24,438,000
NEW SECTION. Sec. 194. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Patterson Hall Remodel (06-2-002)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . . .$200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . $26,078,000
TOTAL. . . . . . . . . . . . . . . . . . . . . .$26,278,000
NEW SECTION. Sec. 195. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Replace Chiller (06-1-025)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . $1,880,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,880,000
Sec. 196. 2005 c 488 s 696 (uncodified) is amended to read as follows:
FOR THE EVERGREEN STATE COLLEGE
Seminar Building Phase II - Construction (02-2-004)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation shall not be used for
vehicles, laptop computers, small printers, disposable items, or other items with a useful life of less than one year.
Reappropriation:
The Evergreen State College Capital Projects
Account--State. . . . . . . . . . . . . . . . . . .$700,000
Appropriation:
Education Construction Account--State. . . . . . . . $4,250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . .$42,550,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . (($43,250,000))
$47,500,000
Sec. 197. 2005 c 488 s 714 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
Campus Roadway Development (04-2-073)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The purpose of the reappropriation is to complete a predesign of potential south campus roadway options and general circulation issues that avoids significant impacts on adjacent neighborhoods and conforms to the city of Bellingham traffic plans.
(2) The predesign shall also investigate options to achieve higher rates of alternative modes of transportation among faculty, staff, and students, minimize surface parking, and make improvements for traffic circulation, including public transit. Safe movement of pedestrians and bicyclists shall be a priority.
(3) Allotment for predesign is contingent upon the completion of a communication and public involvement plan for this project that is consistent with the significant projects section of the Western Washington University institutional master plan and adjacent neighborhood plans adopted by the city of Bellingham, the city of Bellingham Western Washington University neighborhood plan, and the neighborhood meeting requirements contained in Bellingham municipal code 20.40.060. The communication and public involvement plan shall seek to maximize public input through coordination of the planning effort with established neighborhood advisory groups and boards recognized by the city of Bellingham.
Reappropriation:
Western Washington University Capital Projects
Account--State. . . . . . . . . . . . . . . . . (($38,826))
$36,466
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $290,174
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . .$0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $326,640
Sec. 198. 2005 c 488 s 795 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Skagit Valley College: Science Building Replacement (04-1-209)
Reappropriation:
State Building Construction Account--State. . . . . . . $14,664
Appropriation:
State Building Construction Account--State. . . . .$2,693,000
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . . .$325,000
Subtotal Appropriation. . . . . . . . . . .$3,018,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $285,336
Future Biennia (Projected Costs). . . . . . . . . .(($24,268,049))
$26,693,049
TOTAL. . . . . . . . . . . . . . . . . . . (($27,261,049))
$30,011,049
Sec. 199. 2005 c 488 s 777 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Everett Community College: Undergraduate Education Center (04-2-692)
Appropriation:
State Building Construction Account--State. . . . .$7,363,700
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . $3,844,000
Subtotal Appropriation. . . . . . . . . .$11,207,700
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . $126,000
Future Biennia (Projected Costs). . . . . . . . . .(($27,407,540))
$38,103,591
TOTAL. . . . . . . . . . . . . . . . . . . (($34,897,240))
$49,437,291
NEW SECTION. Sec. 200. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Seattle Central Community College: Maritime Academy Repairs (06-1-502)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . . .$268,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . $1,588,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,856,000
NEW SECTION. Sec. 201. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River College: Water System Replacement (06-1-501)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . $1,951,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,951,000
NEW SECTION. Sec. 202. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline Community College: Primary Power Branch Replacement (06-1-503)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . $1,717,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,717,000
NEW SECTION. Sec. 203. A new section is added to 2005 c 488 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Skagit Valley College: Campus Fire Loop Replacement (06-1-504)
Appropriation:
Gardner-Evans Higher Education Construction
Account--State. . . . . . . . . . . . . . . . . $1,634,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . $0
TOTAL. . . . . . . . . . . . . . . . . . . . . . .$1,634,000
Sec. 204. 2005 c 488 s 905 (uncodified) is amended to read as follows:
(1) To ensure that minor works appropriations are carried out in accordance with legislative intent, funds appropriated in this act shall not be allotted until project lists are on file at the office of financial management ((and the office of financial management has formally approved the lists. Proposed revisions)), the house of representatives capital budget committee, and the senate ways and means committee. All projects must meet the criteria included in subsection (2)(a) of this section. Revisions to the lists must be filed with ((and approved by)) the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee and include an explanation of variances from the prior list before funds may be expended on the revisions.
(2)(a) Minor works projects are single line appropriations that shall include multiple projects valued between $25,000 and $1,000,000 each that are of a similar nature and can ((generally)) be completed within two years of the appropriation with the funding provided. These projects cannot be combined with or be a part of an overall project, that if combined over a continuous period of time, would exceed $1,000,000. Minor works categories include (i) health, safety, and code requirements; (ii) facility preservation; (iii) infrastructure preservation; and (iv) program improvement or expansion. Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the above minor works categories.
(b) Minor works appropriations shall not be used for, among other things: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; moveable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; or to supplement funding for projects with funding shortfalls unless expressly authorized elsewhere in this act. The office of financial management may make an exception to the limitations described in this subsection (2)(b) for exigent circumstances after notifying the legislative fiscal committees and waiting ten days for comments by the legislature regarding the proposed exception.
(3) The ((office of financial management)) agency shall ((forward)) provide copies of these project lists and revised lists to the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee. No expenditure may be incurred or obligation entered into for minor works appropriations until the office of financial management has approved the allotment of the funds to be expended. The office of financial management shall encourage state agencies to incorporate accessibility planning and improvements into the normal and customary capital program.
(4) It is generally not intended to make future appropriations for capital expenditures or for maintenance and operating expenses for an acquisition project or a significant expansion project that is initiated through the minor works process and therefore does not receive a policy and fiscal analysis by the legislature. Minor works projects are intended to be one-time expenditures that do not require future state resources to complete.
NEW SECTION. Sec. 205. A new section is added to 2005 c 488 (uncodified) to read as follows:
Executive Order No. 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions shall comply with the requirements set forth in this executive order.
Sec. 206. 2005 c 488 s 909 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, 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. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
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.
Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(1) Department of general administration:
(a) Enter into a financing contract for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the fifth and final phase of the roof membrane replacement at the east plaza parking structure as well as safety improvements to the parking garage below the plaza.
(b) Enter into a financing contract for up to $6,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the fourth phase of the office building-2 rehabilitation that will renew failing building systems, correct code deficiencies, and improve access.
(c) Enter into a financing contract for up to $13,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the rehabilitation of the Cherberg building.
(2) Liquor control board: Enter into a financing contract for up to $17,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an extension to the liquor control board's distribution center to meet liquor sales growth through 2018.
(3) Department of corrections:
(a) Enter into a financing contract for up to $400,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a waste transfer station and purchase a garbage truck at the McNeil Island corrections center.
(b) Enter into a financing contract for up to $4,588,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a transportation services warehouse and offices for correctional industries.
(c) Enter into a financing contract for up to $4,536,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additions to the food factory and warehouses at the Airway Heights corrections center for correctional industries.
(4) Parks and recreation commission: Enter into a financing contract in an amount not to exceed $4,800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to develop Cama Beach state park.
(5) Community and technical colleges:
(a) ((Enter into a financing contract on behalf of Bellevue Community College for up to $20,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase the North Center building.
(b))) Enter into a financing contract on behalf of Clark College for up to $9,100,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a ((parking structure)) building for a training center.
(((c))) (b) Enter into a financing contract on behalf of Clover Park Technical College for up to $14,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student center.
(((d))) (c) Enter into a financing contract on behalf of Columbia Basin College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the Hawk Union building.
(d) Enter into a financing contract on behalf of Edmonds Community College for up to $8,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a bookstore and student center.
(e) Enter into a financing contract on behalf of Edmonds Community College for up to $4,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a black box theater as a part of the Instructional Lab building.
(f) Enter into a financing contract on behalf of Green River Community College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase Kent Station higher education center.
(g) Enter into a financing contract on behalf of Olympic College for up to $3,600,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the student center bookstore.
(h) Enter into a financing contract on behalf of Shoreline Community College for up to $15,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student union building.
(i) Enter into a financing contract on behalf of Skagit Valley Community College for up to $3,200,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate existing space into a new student center.
(j) Enter into a financing contract on behalf of Walla Walla Community College for up to $2,175,100 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase land, make site improvements, and construct a building for ((the enology program)) professional-technical instruction.
(k) Enter into a financing contract on behalf of Walla Walla Community College for up to $640,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the health sciences building at the Clarkston center.
(l) Enter into a financing contract on behalf of Seattle Central Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a math and science building.
(m) Enter into a financing contract on behalf of Pierce College/Puyallup for up to $8,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a student gym and fitness center.
(n) Enter into a financing contract on behalf of Pierce College/Ft. Steilacoom for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an addition to the college health and wellness center.
(o) Enter into a financing contract on behalf of Columbia Basin College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct the Richland health sciences center.
(p) The projects in (((a),)) (f), (((k),)) (j), (l), (m), and (n) of this subsection are reauthorizations of projects originally authorized in the 2003-2005 biennium. If the college enters into a financing contract before the effective date of this section, then the appropriate reauthorization contained in this section is null and void.
(6) Washington State University: Enter into a financing contract for up to $11,650,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a bioproducts facility in the Tri-Cities.
Sec. 207. RCW 43.---.--- (section 8, chapter ---, Laws of 2006, (E3SHB No. 2939)) is amended to read as follows:
The energy freedom account is created in the state treasury. All receipts from appropriations made to the account, proceeds from other lawful sources, and loan payments of principal and interest derived from loans made under this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for loans and grants to political subdivisions for renewable energy and biofuel development projects and activities authorized under this chapter or otherwise authorized by the legislature.
NEW SECTION. Sec. 208. A new section is added to 2005 c 488 (uncodified) to read as follows:
OFFICE OF FINANCIAL MANAGEMENT OFFICE OF FINANCIAL MANAGEMENT. The legislature finds that the January 23, 2006, report on 63-20 capital projects financing submitted by the state treasurer raised significant issues that could benefit from additional exploration and analysis. The legislature further finds that financing costs are only one important dimension to consider when analyzing and comparing the use of conventional bonds with other capital project financing mechanisms in the development of major public facilities. Other factors that must be considered include total project and life-cycle costs, long-term costs of capital, scheduling, generally accepted accounting principles, transfer of risk, project management, project complexity, public works contracting procedures, and applicability of private sector strategies or practices in the development and ongoing maintenance of public facilities.
The office of financial management and the department of general administration, in consultation with legislative staff from the appropriate policy and fiscal committees of the legislature shall:
(1) Research models and best practices used by other governments and private industry to provide major facility and infrastructure information for budgeting purposes, including the updated joint legislative audit and review committee life-cycle cost model in section 102 of this act. The analysis must include total cost of capital and long-term forecasting information for facility preservation, major facility or system replacement, and new capacity to result in more effective investment decisions for major public facilities and infrastructure.
(2) Develop recommendations that incorporate best practices in the state's capital budgeting process and public works contracting procedures, including lessons learned from 63-20 financing projects entered into by state agencies or local governments.
(3) Develop recommendations for appropriate uses of alternative capital project financing instruments and a corresponding decision making process.
(4) Develop a strategy to manage risk and reduce the potential for claims and litigation associated with state construction projects. This strategy must include the enumeration of best practices for the management of project risk and conflicts, in order to minimize future expenses related to construction claims.
(5) Coordinate with the capital projects advisory review board created in chapter 377, Laws of 2005 to evaluate public capital project construction processes and policies related to alternative public works delivery methods.
(6) Submit report findings and recommendations to the appropriate fiscal committees of the legislature by September 1, 2007.
Sec. 209. RCW 79.17.010 and 2003 1st sp.s. c 25 s 939 and 2003 c 334 s 452 are each reenacted and amended to read as follows:
(1) The department, with the approval of the board, may exchange any state land and any timber thereon for any land of equal value in order to:
(a) Facilitate the marketing of forest products of state lands;
(b) Consolidate and block-up state lands;
(c) Acquire lands having commercial recreational leasing potential;
(d) Acquire county-owned lands;
(e) Acquire urban property which has greater income potential or which could be more efficiently managed by the department in exchange for state urban lands as defined in RCW 79.19.100; or
(f) Acquire any other lands when such exchange is determined by the board to be in the best interest of the trust for which the state land is held.
(2) Land exchanged under this section shall not be used to reduce the publicly owned forest land base.
(3) The board shall determine that each land exchange is in the best interest of the trust for which the land is held prior to authorizing the land exchange.
(4) During the biennium ending June 30, ((2005)) 2007, the department, with approval of the board, may exchange any state land and any timber thereon for any land and proceeds of equal value. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the resource management cost account to pay for administrative expenses incurred in carrying out an exchange transaction. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.
NEW SECTION. Sec. 210. A new section is added to 2005 c 488 (uncodified) to read as follows:
Eastern Washington University is authorized to sell its Spokane center. Proceeds from the sale must be deposited into the higher education construction account. Proceeds may be used to acquire or design a facility on or adjacent to the Riverpoint higher education campus for the university's Spokane-based program offerings. Eastern Washington University must report to the office of financial management and the appropriate fiscal committees of the legislature upon sale of the center as well as expenditure of the proceeds.
Sec. 211. RCW 43.99N.060 and 2000 c 137 s 1 are each amended to read as follows:
(1) The stadium and exhibition center account is created in the custody of the state treasurer. All receipts from the taxes imposed under RCW 82.14.0494 and distributions under RCW 67.70.240(5) shall be deposited into the account. Only the director of the office of financial management or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not required for expenditures from this account.
(2) Until bonds are issued under RCW 43.99N.020, up to five million dollars per year beginning January 1, 1999, shall be used for the purposes of subsection (3)(b) of this section, all remaining moneys in the account shall be transferred to the public stadium authority, created under RCW 36.102.020, to be used for public stadium authority operations and development of the stadium and exhibition center.
(3) After bonds are issued under RCW 43.99N.020, all moneys in the stadium and exhibition center account shall be used exclusively for the following purposes in the following priority:
(a) On or before June 30th of each year, the office of financial management shall accumulate in the stadium and exhibition center account an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued under RCW 43.99N.020;
(b) An additional reserve amount not in excess of the expected average annual principal and interest requirements of bonds issued under RCW 43.99N.020 shall be accumulated and maintained in the account, subject to withdrawal by the state treasurer at any time if necessary to meet the requirements of (a) of this subsection, and, following any withdrawal, reaccumulated from the first tax revenues and other amounts deposited in the account after meeting the requirements of (a) of this subsection; and
(c) The balance, if any, shall be transferred to the youth athletic facility account under subsection (4) of this section.
Any revenues derived from the taxes authorized by RCW 36.38.010(5) and 36.38.040 or other amounts that if used as provided under (a) and (b) of this subsection would cause the loss of any tax exemption under federal law for interest on bonds issued under RCW 43.99N.020 shall be deposited in and used exclusively for the purposes of the youth athletic facility account and shall not be used, directly or indirectly, as a source of payment of principal of or interest on bonds issued under RCW 43.99N.020, or to replace or reimburse other funds used for that purpose.
(4) Any moneys in the stadium and exhibition center account not required or permitted to be used for the purposes described in subsection (3)(a) and (b) of this section shall be deposited in the youth athletic facility account hereby created in the state treasury. Expenditures from the account may be used only for purposes of grants or loans to cities, counties, and qualified nonprofit organizations for community outdoor athletic facilities. For the 2005-2007 biennium, moneys in the account may also be used for the recreation level of service study for local and regional active recreation facilities identified in section 168 of this act. Only the director of the interagency committee for outdoor recreation or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. The athletic facility grants or loans may be used for acquiring, developing, equipping, maintaining, and improving community outdoor athletic facilities. Funds shall be divided equally between the development of new community outdoor athletic facilities, the improvement of existing community outdoor athletic facilities, and the maintenance of existing community outdoor athletic facilities. Cities, counties, and qualified nonprofit organizations must submit proposals for grants or loans from the account. To the extent that funds are available, cities, counties, and qualified nonprofit organizations must meet eligibility criteria as established by the director of the interagency committee for outdoor recreation. The grants and loans shall be awarded on a competitive application process and the amount of the grant or loan shall be in proportion to the population of the city or county for where the community outdoor athletic facility is located. Grants or loans awarded in any one year need not be distributed in that year. The director of the interagency committee for outdoor recreation may expend up to one and one-half percent of the moneys deposited in the account created in this subsection for administrative purposes.
Sec. 212. 2005 c 488 s 927 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS
Local Toxics Control Account: For transfer
to the state toxics control account. . . . . . . . . . . . . . .$13,900,000
State Drought Preparedness Account: For
transfer to the charitable, education, penal
and reformatory institutions account. . . . . . . . . . . . . . . $970,000
NEW SECTION. Sec. 213. Part headings in this act are not any part of the law.
NEW SECTION. Sec. 214. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 215. 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.
INDEX PAGE #
CENTRAL WASHINGTON UNIVERSITY . . . . . . . . . . . . . 63
CRIMINAL JUSTICE TRAINING COMMISSION . . . . . . . . 19
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . . . . . . . 55
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . .3
DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . . . . . . . .22
DEPARTMENT OF ECOLOGY . . . . . . . . . . . . . . . . . . . . . . .25
DEPARTMENT OF FISH AND WILDLIFE . . . . . . . . . . . . .49
DEPARTMENT OF GENERAL ADMINISTRATION . . . . . .15
DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . .52
DEPARTMENT OF SOCIAL AND HEALTH SERVICES . . 20
DEPARTMENT OF VETERANS AFFAIRS . . . . . . . . . . . . . 21
EASTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . . .63
EMPLOYMENT SECURITY DEPARTMENT . . . . . . . . . . . 24
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE 2
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . .1, 73
STATE BOARD OF EDUCATION . . . . . . . . . . . . . . . . . 56, 59
STATE PARKS AND RECREATION COMMISSION . . . . . 35
STATE SCHOOL FOR THE BLIND . . . . . . . . . . . . . . . . . . .60
THE EVERGREEN STATE COLLEGE . . . . . . . . . . . . . . . . 64
UNIVERSITY OF WASHINGTON . . . . . . . . . . . . . . . . . . . . 61
WESTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . 64"
On page 1, line 2 of the title, after "improvements;" strike the remainder of the title and insert "amending RCW 43.99N.060; amending RCW 43.---.--- (section 8, chapter ---, Laws of 2006, (E3SHB No. 2939)); amending 2006 c --- s 2 (E2SHB No. 2393) (uncodified); amending 2005 c 488 ss 109, 112, 125, 131, 138, 142, 143, 152, 156, 201, 206, 238, 252, 255, 264, 287, 323, 324, 325, 327, 329, 340, 341, 342, 346, 360, 365, 368, 369, 370, 372, 376, 382, 385, 386, 387, 390, 391, 392, 398, 401, 402, 395, 414, 425, 427, 443, 451, 453, 460, 601, 605, 606, 607, 609, 610, 612, 613, 632, 650, 659, 696, 714, 795, 777, 905, 909, and 927 (uncodified); reenacting and amending RCW 79.17.010; adding new sections to 2005 c 488 (uncodified); creating new sections; and declaring an emergency."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fraser moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6384 and request of the House a conference thereon.
Senator Brandland spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Fraser that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6384.
The motion by Senator Fraser carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6384 and requested 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. 6384 and the House amendment(s) thereto: Senators Fraser, Prentice and Brandland.
MOTION
On motion of Senator Eide, the appointments to the conference committee were confirmed.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, with the following amendments{s} 6244-S.E AMH NREP H5338.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 88.46 RCW to read as follows:
(1) The department's rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department.
(2) The rules may require prior notice be provided before an oil transfer, regulated under this chapter, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer. The rules may not require prior notice when marine fuel outlets are transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel and the transfers are scheduled less than four hours in advance.
(3) The department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet.
(4) The rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment. However, these measures must be scaled appropriately to the risks posed by the oil transfer.
(5) The rules shall include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state.
NEW SECTION. Sec. 2. A new section is added to chapter 88.46 RCW to read as follows:
In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or section 1 of this act.
NEW SECTION. Sec. 3. A new section is added to chapter 88.46 RCW to read as follows:
If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).
NEW SECTION. Sec. 4. A new section is added to chapter 88.46 RCW to read as follows:
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.
NEW SECTION. Sec. 5. 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."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rockefeller moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6244.
Senators Rockefeller and Morton spoke in favor of passage of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rockefeller that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6244.
The motion by Senator Rockefeller carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6244 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6244, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6244, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Brown - 1
Excused: Senators Doumit and Oke - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6172, with the following amendments{s} 6172-S2 AMH CJC H5383.1.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.68A.090 and 2003 c 53 s 42 and 2003 c 26 s 1 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for immoral purposes is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this section or of a felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any other felony sexual offense in this or any other state or if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the sending of an electronic communication.
Sec. 2. RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are each reenacted and amended to read as follows:
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TABLE 2 |
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CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL |
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XVI |
Aggravated Murder 1 (RCW 10.95.020) |
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XV |
Homicide by abuse (RCW 9A.32.055) |
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Malicious explosion 1 (RCW 70.74.280(1)) |
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Murder 1 (RCW 9A.32.030) |
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XIV |
Murder 2 (RCW 9A.32.050) |
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Trafficking 1 (RCW 9A.40.100(1)) |
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XIII |
Malicious explosion 2 (RCW 70.74.280(2)) |
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Malicious placement of an explosive 1 (RCW 70.74.270(1)) |
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XII |
Assault 1 (RCW 9A.36.011) |
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Assault of a Child 1 (RCW 9A.36.120) |
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Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) |
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Rape 1 (RCW 9A.44.040) |
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Rape of a Child 1 (RCW 9A.44.073) |
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Trafficking 2 (RCW 9A.40.100(2)) |
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XI |
Manslaughter 1 (RCW 9A.32.060) |
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Rape 2 (RCW 9A.44.050) |
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Rape of a Child 2 (RCW 9A.44.076) |
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X |
Child Molestation 1 (RCW 9A.44.083) |
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Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) |
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Kidnapping 1 (RCW 9A.40.020) |
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Leading Organized Crime (RCW 9A.82.060(1)(a)) |
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Malicious explosion 3 (RCW 70.74.280(3)) |
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Sexually Violent Predator Escape (RCW 9A.76.115) |
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IX |
Assault of a Child 2 (RCW 9A.36.130) |
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Explosive devices prohibited (RCW 70.74.180) |
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Hit and Run--Death (RCW 46.52.020(4)(a)) |
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Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) |
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Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) |
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Malicious placement of an explosive 2 (RCW 70.74.270(2)) |
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Robbery 1 (RCW 9A.56.200) |
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Sexual Exploitation (RCW 9.68A.040) |
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Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) |
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VIII |
Arson 1 (RCW 9A.48.020) |
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Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) |
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Manslaughter 2 (RCW 9A.32.070) |
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Promoting Prostitution 1 (RCW 9A.88.070) |
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Theft of Ammonia (RCW 69.55.010) |
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Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) |
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VII |
Burglary 1 (RCW 9A.52.020) |
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Child Molestation 2 (RCW 9A.44.086) |
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Civil Disorder Training (RCW 9A.48.120) |
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Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050) |
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Drive-by Shooting (RCW 9A.36.045) |
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Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) |
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Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) |
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Introducing Contraband 1 (RCW 9A.76.140) |
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Malicious placement of an explosive 3 (RCW 70.74.270(3)) |
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Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) |
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Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060) |
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|
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) |
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Use of a Machine Gun in Commission of a Felony (RCW 9.41.225) |
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Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) |
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VI |
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) |
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Bribery (RCW 9A.68.010) |
|
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Incest 1 (RCW 9A.64.020(1)) |
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Intimidating a Judge (RCW 9A.72.160) |
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Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130) |
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Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) |
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Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct (RCW 9.68A.070) |
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Rape of a Child 3 (RCW 9A.44.079) |
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Theft of a Firearm (RCW 9A.56.300) |
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Unlawful Storage of Ammonia (RCW 69.55.020) |
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V |
Abandonment of dependent person 1 (RCW 9A.42.060) |
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Advancing money or property for extortionate extension of credit (RCW 9A.82.030) |
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Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) |
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Child Molestation 3 (RCW 9A.44.089) |
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Criminal Mistreatment 1 (RCW 9A.42.020) |
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Custodial Sexual Misconduct 1 (RCW 9A.44.160) |
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Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145) |
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Extortion 1 (RCW 9A.56.120) |
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Extortionate Extension of Credit (RCW 9A.82.020) |
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Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) |
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Incest 2 (RCW 9A.64.020(2)) |
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Kidnapping 2 (RCW 9A.40.030) |
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Perjury 1 (RCW 9A.72.020) |
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Persistent prison misbehavior (RCW 9.94.070) |
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Possession of a Stolen Firearm (RCW 9A.56.310) |
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Rape 3 (RCW 9A.44.060) |
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Rendering Criminal Assistance 1 (RCW 9A.76.070) |
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Sexual Misconduct with a Minor 1 (RCW 9A.44.093) |
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Sexually Violating Human Remains (RCW 9A.44.105) |
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Stalking (RCW 9A.46.110) |
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Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) |
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IV |
Arson 2 (RCW 9A.48.030) |
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Assault 2 (RCW 9A.36.021) |
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Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) |
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Assault by Watercraft (RCW 79A.60.060) |
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Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100) |
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Cheating 1 (RCW 9.46.1961) |
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Commercial Bribery (RCW 9A.68.060) |
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Counterfeiting (RCW 9.16.035(4)) |
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Endangerment with a Controlled Substance (RCW 9A.42.100) |
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Escape 1 (RCW 9A.76.110) |
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Hit and Run--Injury (RCW 46.52.020(4)(b)) |
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Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3)) |
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Identity Theft 1 (RCW 9.35.020(2)) |
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Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010) |
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Influencing Outcome of Sporting Event (RCW 9A.82.070) |
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Malicious Harassment (RCW 9A.36.080) |
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Residential Burglary (RCW 9A.52.025) |
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Robbery 2 (RCW 9A.56.210) |
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Theft of Livestock 1 (RCW 9A.56.080) |
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Threats to Bomb (RCW 9.61.160) |
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Trafficking in Stolen Property 1 (RCW 9A.82.050) |
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Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) |
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Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) |
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Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) |
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Unlawful transaction of insurance business (RCW 48.15.023(3)) |
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Unlicensed practice as an insurance professional (RCW 48.17.063(3)) |
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Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) |
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Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) |
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Willful Failure to Return from Furlough (RCW 72.66.060) |
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III |
Abandonment of dependent person 2 (RCW 9A.42.070) |
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Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) |
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Assault of a Child 3 (RCW 9A.36.140) |
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Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) |
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Burglary 2 (RCW 9A.52.030) |
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Communication with a Minor for Immoral Purposes (RCW 9.68A.090) |
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Criminal Gang Intimidation (RCW 9A.46.120) |
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Criminal Mistreatment 2 (RCW 9A.42.030) |
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Custodial Assault (RCW 9A.36.100) |
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Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) |
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Escape 2 (RCW 9A.76.120) |
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Extortion 2 (RCW 9A.56.130) |
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Harassment (RCW 9A.46.020) |
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Intimidating a Public Servant (RCW 9A.76.180) |
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Introducing Contraband 2 (RCW 9A.76.150) |
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Malicious Injury to Railroad Property (RCW 81.60.070) |
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Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) |
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Patronizing a Juvenile Prostitute (RCW 9.68A.100) |
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Perjury 2 (RCW 9A.72.030) |
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Possession of Incendiary Device (RCW 9.40.120) |
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Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190) |
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Promoting Prostitution 2 (RCW 9A.88.080) |
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Securities Act violation (RCW 21.20.400) |
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Tampering with a Witness (RCW 9A.72.120) |
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Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) |
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Theft of Livestock 2 (RCW 9A.56.083) |
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Trafficking in Stolen Property 2 (RCW 9A.82.055) |
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Unlawful Imprisonment (RCW 9A.40.040) |
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Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) |
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Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) |
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Willful Failure to Return from Work Release (RCW 72.65.070) |
|
II |
Computer Trespass 1 (RCW 9A.52.110) |
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Counterfeiting (RCW 9.16.035(3)) |
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Escape from Community Custody (RCW 72.09.310) |
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Health Care False Claims (RCW 48.80.030) |
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Identity Theft 2 (RCW 9.35.020(3)) |
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Improperly Obtaining Financial Information (RCW 9.35.010) |
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Malicious Mischief 1 (RCW 9A.48.070) |
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Possession of Stolen Property 1 (RCW 9A.56.150) |
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Theft 1 (RCW 9A.56.030) |
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Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a)) |
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Trafficking in Insurance Claims (RCW 48.30A.015) |
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Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) |
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Unlawful Practice of Law (RCW 2.48.180) |
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Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) |
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Voyeurism (RCW 9A.44.115) |
|
I |
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) |
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False Verification for Welfare (RCW 74.08.055) |
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Forgery (RCW 9A.60.020) |
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Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) |
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Malicious Mischief 2 (RCW 9A.48.080) |
|
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Mineral Trespass (RCW 78.44.330) |
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Possession of Stolen Property 2 (RCW 9A.56.160) |
|
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Reckless Burning 1 (RCW 9A.48.040) |
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Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) |
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Theft 2 (RCW 9A.56.040) |
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Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b)) |
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Transaction of insurance business beyond the scope of licensure (RCW 48.17.063(4)) |
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Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) |
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Unlawful Possession of Fictitious Identification (RCW 9A.56.320) |
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Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) |
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Unlawful Possession of Payment Instruments (RCW 9A.56.320) |
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Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) |
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Unlawful Production of Payment Instruments (RCW 9A.56.320) |
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Unlawful Trafficking in Food Stamps (RCW 9.91.142) |
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Unlawful Use of Food Stamps (RCW 9.91.144) |
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Vehicle Prowl 1 (RCW 9A.52.095) |
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Sec. 3. RCW 9.68A.070 and 1990 c 155 s 1 are each amended to read as follows:
A person who knowingly possesses visual or printed matter depicting a minor engaged in sexually explicit conduct is guilty of a class ((C)) B felony.
Sec. 4. RCW 9.94A.030 and 2005 c 436 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(8) "Community protection zone" means the area within eight hundred eighty feet of the facilities and grounds of a public or private school.
(9) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(10) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(11) "Confinement" means total or partial confinement.
(12) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(13) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(14) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.
(15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(20) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(21) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(22) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(23) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(24) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(25) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(26) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(27) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(28) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(29) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(30) "Nonviolent offense" means an offense which is not a violent offense.
(31) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(32) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.
(33) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (33)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.
(34) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(35) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.
(36) "Public school" has the same meaning as in RCW 28A.150.010.
(37) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(38) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.
(39) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(40) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(41) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW ((9.68A.070 or)) 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(42) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(43) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(44) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(45) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(46) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(47) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(48) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(49) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(50) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(51) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
Sec. 5. RCW 9.94A.030 and 2003 c 53 s 55 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(9) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.
(14) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(15) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(21) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(25) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(28) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual motivation;
(t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;
(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.
(29) "Nonviolent offense" means an offense which is not a violent offense.
(30) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(31) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.
(33) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.
(34) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(35) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(37) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW ((9.68A.070 or)) 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(40) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(44) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
NEW SECTION. Sec. 6. Section 4 of this act expires July 1, 2006.
NEW SECTION. Sec. 7. Section 5 of this act takes effect July 1, 2006.
NEW SECTION. Sec. 8. If specific funding for the purposes of section 2 of this act, referencing section 2 of this act by bill or chapter number and section number, is not provided by June 30, 2006, in the omnibus appropriations act, section 2 of this act is null and void."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Hargrove moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6172.
Senator Hargrove spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6172.
The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 6172 by voice vote.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6172, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6172, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Voting nay: Senators Kohl-Welles and Pridemore - 2
Excused: Senator Oke - 1
SECOND SUBSTITUTE SENATE BILL NO. 6172, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Regala, Senators Doumit and Brown were excused.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6255, with the following amendments{s} 6255-S.E AMH ED H5273.3.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that there are specific skills and a body of knowledge that each student needs to chart a course through middle school, high school, and post-high school options. Each student needs active involvement from parents and at least one supportive adult in the school who knows the student well and cares about the student's progress and future. Students, parents, and teachers also need the benefit of immediate feedback and accurate diagnosis of students' academic strengths and weaknesses to inform the students' short-term and long-term plans. To empower and motivate all students and parents to take a greater role in charting the students' own educational experiences, the legislature intends to strengthen schools' guidance and planning programs.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.600 RCW to read as follows:
(1) The legislature encourages each middle school, junior high school, and high school to implement a comprehensive guidance and planning program for all students. The purpose of the program is to support students as they navigate their education and plan their future; encourage an ongoing and personal relationship between each student and an adult in the school; and involve parents in students' educational decisions and plans.
(2) A comprehensive guidance and planning program is a program that contains at least the following components:
(a) A curriculum intended to provide the skills and knowledge students need to select courses, explore options, plan for their future, and take steps to implement their plans. The curriculum may include such topics as analysis of students' test results; diagnostic assessments of students' academic strengths and weaknesses; use of assessment results in developing students' short-term and long-term plans; assessments of student interests and aptitude; goal-setting skills; planning for high school course selection; independent living skills; and postsecondary options and how to access them;
(b) Regular meetings between each student and a teacher who serves as an advisor throughout the student's enrollment at the school;
(c) Student-led conferences with the student's parents, guardians, or family members and the student's advisor for the purpose of demonstrating the student's accomplishments; identifying weaknesses; planning and selecting courses; and setting long-term goals; and
(d) Data collection that allows schools to monitor students' progress.
NEW SECTION. Sec. 3. (1) Subject to the availability of funds appropriated for this purpose, the superintendent of public instruction shall:
(a) Develop and disseminate the curriculum for the comprehensive guidance and planning program under section 2 of this act to all school districts no later than the beginning of the 2006-07 school year;
(b) Develop and disseminate electronic student planning tools and a software package to analyze the impact of the implementation of the program on student performance;
(c) Develop and disseminate information about options for diagnostic assessments to improve student learning and student planning as provided under RCW 28A.655.200;
(d) Develop and conduct regional training seminars for teachers on the curriculum and on guidance and mentoring skills;
(e) Monitor and evaluate implementation of the program during the fall of 2006 in order to revise and improve the curriculum by the spring of 2007; and
(f) Allocate grants to selected schools for the purpose of implementing the program. The superintendent shall develop and publish the grant selection criteria, number of awards, and award amounts. The first round of at least twenty-five grant recipients shall be selected and notified by September 2006. The second round of at least seventy-five grant recipients shall be selected and notified by January 2007. The purpose of the grants is to provide time for school staff to plan and integrate the comprehensive program into their schools. To the extent possible, the superintendent shall include representation from school districts of varying sizes and from different geographic regions of the state in the grant allocation.
(2) By January 1, 2009, the superintendent of public instruction shall report to the education committees of the legislature regarding the impact of comprehensive guidance and planning programs on student performance.
Sec. 4. RCW 28A.655.200 and 2005 c 217 s 2 are each amended to read as follows:
(1) ((The legislature finds that the mandatory norm-referenced student assessments eliminated under chapter 217, Laws of 2005 provide information that teachers and parents use to improve student learning.)) In the absence of mandatory, statewide, norm-referenced assessments, the legislature intends to permit school districts to offer norm-referenced assessments ((at the districts' own expense and)), make diagnostic tools available ((that provide information that is at least as valuable as the information eliminated under chapter 217, Laws of 2005)), and provide funding for diagnostic assessments to enhance guidance and planning for students and to provide early intervention before the high school Washington assessment of student learning.
(2) In addition to the diagnostic assessments provided under subsection (5) of this section, school districts may, at their own expense, administer norm-referenced assessments to students.
(3) By September 1, 2005, subject to available funds, the office of the superintendent of public instruction shall post on its web site for voluntary use by school districts, a guide of diagnostic assessments. The assessments in the guide, to the extent possible, shall include the characteristics listed in subsection (4)(((a) through (e))) of this section.
(4) ((By September 1, 2006, subject to the availability of amounts appropriated for this specific purpose)) Beginning September 1, 2007, the office of the superintendent of public instruction shall make available to school districts diagnostic assessments that help improve student learning. To the greatest extent possible, the assessments shall be:
(a) Aligned to the state's grade level expectations;
(b) Individualized to each student's performance level;
(c) Administered efficiently to provide results either immediately or within two weeks;
(d) Capable of measuring individual student growth over time and allowing student progress to be compared to other students across the country; ((and))
(e) Readily available to parents; and
(f) Cost-effective.
(5) Beginning with the 2006-07 school year, the superintendent of public instruction shall reimburse school districts for administration of diagnostic assessments in grade nine for the purpose of identifying academic weaknesses, enhancing student planning and guidance, and developing targeted instructional strategies to assist students before the high school Washington assessment of student learning.
(6) The office of the superintendent of public instruction is encouraged to offer at ((their)) statewide and regional staff development activities training opportunities that would assist practitioners in:
(a) The interpretation of diagnostic assessments; and
(b) Application of instructional strategies that will increase student learning based on diagnostic assessment data.
NEW SECTION. Sec. 5. If specific funding for the purposes of this act and section 4 of this act, referencing this act and section 4 of this act by bill or chapter number and section number, is not provided by June 30, 2006, in the omnibus appropriations act, section 4 of this act is null and void."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6255.
Senator McAuliffe spoke in favor of the motion.
MOTION
On motion of Senator Regala, Senator Doumit was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6255.
The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6255 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6255, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6255, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 45
Voting nay: Senator Zarelli - 1
Excused: Senators Doumit, Brown and Oke - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 6255, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6396, with the following amendments{s} 6396-S.E AMH HEWE THOR 003, 6396-S.E AMH HEWE THOR 005.
On page 3, after line 1, insert:
"NEW SECTION. Sec. 2. This act applies only to leave accumulated on or after the effective date of this act."
On page 2, after line 22, strike all of section 2
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6396.
Senator Kohl-Welles spoke in favor of the motion.
MOTION
On motion of Senator Regala, Senator Hargrove was excused.
MOTION
The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6396.
The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6396 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6396, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6396, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senator Brown - 1
Excused: Senators Doumit, Hargrove and Oke - 3
ENGROSSED SUBSTITUTE SENATE BILL NO. 6396, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2352,
SUBSTITUTE HOUSE BILL NO. 2402,
SUBSTITUTE HOUSE BILL NO. 2407,
SUBSTITUTE HOUSE BILL NO. 2917,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 6369,
SUBSTITUTE SENATE BILL NO. 6781,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6287, with the following amendments{s} 6287-S AMH TR H5373.1, 6287-S AMH CODY REDF 035.
On page 2, line 14, after "blind" insert "and has limited mobility"
On page 1, after line 3, insert the following:
"NEW SECTION. Sec. 1 The legislature reaffirms its recognition that legal blindness does not affect the physical ability to walk, nor does it limit the ability to participate and contribute in employment and all aspects of life as an equal and productive citizen. Furthermore, for a legally blind individual with appropriate training in travel skills, any limitations on that individual's mobility are not resolved by the granting of special parking privileges. However, for some individuals, including the newly blind and those in transition, the availability of special parking privileges could prove to be an appropriate benefit if those individuals choose to avail themselves of the opportunity."
Renumber the remaining section consecutively and correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Fairley moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6287.
Senators Fairley and Mulliken spoke in favor of passage of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6287.
The motion by Senator Fairley carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6287 by voice vote.
MOTION
On motion of Senator McCaslin, Senator Deccio was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6287, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6287, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senator Delvin - 1
Excused: Senators Deccio, Doumit, Hargrove and Oke - 4
SUBSTITUTE SENATE BILL NO. 6287, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6364, with the following amendments{s} 6364 AMH APP AMH5463.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 79A.60 RCW to read as follows:
(1) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motor driven boat or vessel.
(2) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motor driven boat or vessel.
(3) Subsection (2) of this section does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity.
(4) For the purposes of this section, "teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motor driven boat or vessel for any amount of time while the motor driven boat or vessel is underway at any speed.
(5) For the purposes of this section, "bodysurfing" means swimming or floating on one's stomach or on one's back on or in the wake directly behind a motor driven boat or vessel that is underway.
(6) A violation of this section is a natural resource infraction punishable as provided under chapter 7.84 RCW, however the fine imposed may not exceed one hundred dollars.
NEW SECTION. Sec. 2. A new section is added to chapter 88.02 RCW to read as follows:
(1) Any new or used motor driven boat or vessel, as that term is defined in RCW 79A.60.010, other than a personal watercraft, sold within this state must display a carbon monoxide warning sticker developed by the department on the interior of the vessel.
(2) For vessels sold by a dealer, the dealer shall ensure that the warning sticker has been affixed prior to completing a transaction.
(3) For a vessel sold by an individual, the department shall include the sticker in the registration materials provided to the new owner, and the department shall notify the new owner that the sticker must be affixed as described in subsection (1) of this section.
(4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department. The department shall approve a carbon monoxide warning sticker that has been approved by the United States coast guard for similar uses in other states.
NEW SECTION. Sec. 3. A new section is added to chapter 88.02 RCW to read as follows:
The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by section 2 of this act as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after the effective date of this section, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by section 2 of this act.
Sec. 4. RCW 79A.60.610 and 1994 c 151 s 2 are each amended to read as follows:
The commission shall undertake a statewide recreational boating fire prevention education program concerning the safe use of marine fuels and electrical systems ((and the hazards of carbon monoxide)). The boating fire prevention education program shall provide for the distribution of fire safety materials and decals warning of fire hazards and for educational opportunities to educate boaters on the safety practices needed to operate heaters, stoves, and other appliances in Washington's unique aquatic environment. The commission shall evaluate the boating public's voluntary participation in the program and the program's impact on safe boating.
NEW SECTION. Sec. 5. This act may be known and cited as the Jenda Jones and Denise Colbert safe boating act.
NEW SECTION. Sec. 6. Sections 2 and 3 of this act take effect January 1, 2007."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Senate Bill No. 6364.
Senators Jacobsen and Roach spoke in favor of passage of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Senate Bill No. 6364.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6364 by voice vote.
MOTION
On motion of Senator Regala, Senator Thibaudeau was excused.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6364, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6364, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 44
Excused: Senators Deccio, Doumit, Hargrove, Oke and Thibaudeau - 5
SENATE BILL NO. 6364, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6475, with the following amendments{s} 6475-S.E AMH QUAL MCLA 144, 6475-S.E AMH QUAL MCLA 140.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.655 RCW to read as follows:
(1) The legislature has made a commitment to rigorous academic standards for receipt of a high school diploma. The primary way that students will demonstrate that they meet the standards in reading, writing, mathematics, and science is through the Washington assessment of student learning. Only objective assessments that are comparable in rigor to the state assessment are authorized as an alternative assessment. Before seeking an alternative assessment, the legislature expects students to make a genuine effort to meet state standards, through retaking the Washington assessment of student learning; regular and consistent attendance at school; and participation in extended learning and other assistance programs.
(2) Under RCW 28A.655.061, beginning in the 2006-07 school year, the superintendent of public instruction shall implement objective alternative assessment methods as provided in this section for students to demonstrate achievement of the state standards in content areas in which the student has not yet met the standard on the high school Washington assessment of student learning. A student may access an alternative if the student meets applicable eligibility criteria in RCW 28A.655.061 and other eligibility criteria established by the superintendent of public instruction, including but not limited to attendance criteria and participation in the remediation or supplemental instruction contained in the student learning plan developed under RCW 28A.655.061. A school district may waive attendance or remediation criteria for special, unavoidable circumstances.
(3) For the purposes of this section, "applicant" means a student seeking to use one of the alternative assessment methods in this section.
(4) One alternative assessment method shall be a combination of the applicant's grades in applicable courses and the applicant's highest score on the high school Washington assessment of student learning, as provided in this subsection. The superintendent of public instruction shall determine which high school courses are applicable to the alternative assessment method and shall issue guidelines to school districts.
(a) Using guidelines prepared by the superintendent of public instruction, a school district shall identify the group of students in the same school as the applicant who took the same high school courses as the applicant in the applicable content area. From the group of students identified in this manner, the district shall select the comparison cohort that shall be those students who met or slightly exceeded the state standard on the Washington assessment of student learning.
(b) The district shall compare the applicant's grades in high school courses in the applicable content area to the grades of students in the comparison cohort for the same high school courses. If the applicant's grades are equal to or above the mean grades of the comparison cohort, the applicant shall be deemed to have met the state standard on the alternative assessment.
(c) An applicant may not use the alternative assessment under this subsection (4) if there are fewer than six students in the comparison cohort.
(5) The superintendent of public instruction shall develop an alternative assessment method that shall be an evaluation of a collection of work samples prepared and submitted by the applicant, as provided in this subsection and, for career and technical applicants, the additional requirements of subsection (6) of this section.
(a) The superintendent of public instruction shall develop guidelines for the types and number of work samples in each content area that may be submitted as a collection of evidence that the applicant has met the state standard in that content area. Work samples may be collected from academic, career and technical, or remedial courses and may include performance tasks as well as written products. The superintendent shall submit the guidelines for approval by the state board of education.
(b) The superintendent shall develop protocols for submission of the collection of work samples that include affidavits from the applicant's teachers and school district that the samples are the work of the applicant and a requirement that a portion of the samples be prepared under the direct supervision of a classroom teacher. The superintendent shall submit the protocols for approval by the state board of education.
(c) The superintendent shall develop uniform scoring criteria for evaluating the collection of work samples and submit the scoring criteria for approval by the state board of education. Collections shall be scored at the state level or regionally by a panel of educators selected and trained by the superintendent to ensure objectivity, reliability, and rigor in the evaluation. An educator may not score work samples submitted by applicants from the educator's school district. If the panel awards an applicant's collection of work samples the minimum required score, the applicant shall be deemed to have met the state standard on the alternative assessment.
(d) Using an open and public process that includes consultation with district superintendents, school principals, and other educators, the state board of education shall consider the guidelines, protocols, scoring criteria, and other information regarding the collection of work samples submitted by the superintendent of public instruction. The collection of work samples may be implemented as an alternative assessment after the state board of education has approved the guidelines, protocols, and scoring criteria and determined that the collection of work samples: (i) will meet professionally accepted standards for a valid and reliable measure of the grade level expectations and the essential academic learning requirements; and (ii) is comparable to or exceeds the rigor of the skills and knowledge that a student must demonstrate on the Washington assessment of student learning in the applicable content area. The state board shall make an approval decision and determination no later than December 1, 2006, and thereafter may increase the required rigor of the collection of work samples.
(e) By September of 2006, the superintendent of public instruction shall develop informational materials for parents, teachers, and students regarding the collection of work samples and the status of its development as an alternative assessment method. The materials shall provide specific guidance regarding the type and number of work samples likely to be required, include examples of work that meets the state learning standards, and describe the scoring criteria and process for the collection. The materials shall also encourage students in the graduating class of 2008 to begin creating a collection if they believe they may seek to use the collection once it is implemented as an alternative assessment.
(6)(a) For students enrolled in a career and technical education program approved under section 2 of this act, the superintendent of public instruction shall develop additional guidelines for a collection of work samples that evidences that the collection:
(i) Is relevant to the student's particular career and technical program;
(ii) Focuses on the application of academic knowledge and skills within the program;
(iii) Includes completed activities or projects where demonstration of academic knowledge is inferred; and
(iv) Is related to the essential academic learning requirements and state standards that students must meet to earn a certificate of academic achievement or certificate of individual achievement, but also represents the knowledge and skills that successful individuals in the career and technical field of the approved program are expected to possess.
(b) To meet the state standard on the alternative assessment under this subsection (6), an applicant must also attain the state or nationally recognized certificate or credential associated with the approved career and technical program.
(c) The superintendent shall consult with community and technical colleges, employers, the work force training and education coordinating board, apprenticeship programs, and other regional and national experts in career and technical education to create an appropriate collection of work samples and other evidence of a career and technical student's knowledge and skills on the state academic standards.
(7) The superintendent of public instruction shall study the feasibility of using existing mathematics assessments in languages other than English as an additional alternative assessment option. The study shall include an estimation of the cost of translating the tenth grade mathematics assessment into other languages and scoring the assessments should they be implemented.
(8) The superintendent of public instruction shall implement:
(a) By June 1, 2006, a process for students to appeal the score they received on the high school assessments; and
(b) By January 1, 2007, guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and to the certificate of individual achievement for students who: (i) Transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma, or (ii) have special, unavoidable circumstances.
(9) The superintendent of public instruction may adopt rules to implement this section.
NEW SECTION. Sec. 2. A new section is added to chapter 28C.04 RCW to read as follows:
The superintendent of public instruction shall develop a list of approved career and technical education programs that qualify for the objective alternative assessment for career and technical students developed under section 1 of this act. Programs on the list must meet the following minimum criteria:
(1) Lead to a certificate or credential that is state or nationally recognized by trades, industries, or other professional associations as necessary for employment or advancement in that field;
(2) Require a sequenced progression of multiple courses, both exploratory and preparatory, that are vocationally intensive and rigorous; and
(3) Have a high potential for providing the program completer with gainful employment or entry into a postsecondary work force training program.
NEW SECTION. Sec. 3. (1) By September 10, 2006, the superintendent of public instruction shall report the following, in detail, to the education committees of the legislature:
(a) Results of the pilot testing of the alternative assessments authorized under section 1 of this act, particularly the pilot testing of the collection of work samples or collection of evidence;
(b) The proposed guidelines, protocols, and procedures to be used by the superintendent in implementing the alternative assessments, particularly the collection of evidence;
(c) The proposed criteria, rubrics, and methodology for scoring the collection of evidence;
(d) A description of the training to be provided for school districts, educators serving on scoring panels, and teachers assisting students with collections of evidence;
(e) Preliminary results of the feasibility study in section 1(7) of this act; and
(f) Updated estimates of the number of students likely to be eligible or apply for an alternative assessment method.
(2) By December 1, 2006, and again by February 1, 2007, the superintendent of public instruction shall provide the education committees of the legislature with an update on the number of students eligible for or participating in an alternative assessment method.
(3) The Washington state institute for public policy shall conduct an independent and objective evaluation of the reliability, validity, and rigor of the alternative assessment methods authorized under section 1 of this act, including an examination of a representative sample of the collections of work samples submitted by the graduating classes of 2008 and 2009. The institute shall submit its findings to the education committees of the legislature by September 1, 2009, to enable the legislature to develop and consider statutory changes to the alternative assessment during the 2010 legislative session.
Sec. 4. RCW 28A.655.061 and 2004 c 19 s 101 are each amended to read as follows:
(1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (((11))) (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (((11))) (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement. ((The student's transcript shall note whether the certificate of academic achievement was acquired by means of the Washington assessment of student learning or by an alternative assessment.))
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
(6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
(7) ((Beginning with the graduating class of 2006, the highest scale score and level achieved in each content area on the high school Washington assessment of student learning shall be displayed on a student's transcript. In addition, beginning with the graduating class of 2008, each student shall receive a scholar's designation on his or her transcript for each content area in which the student achieves level four the first time the student takes that content area assessment.
(8))) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
(((9))) (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
(((10))) (9) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
(((11))) (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
(((12))) (b) A student's score on the mathematics portion of the preliminary scholastic assessment test (PSAT), the scholastic assessment test (SAT), or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the mathematics standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the mathematics portion of the PSAT, SAT, or ACT to meet or exceed the state standard for mathematics. The state board of education shall identify the first scores by December 1, 2006, and thereafter may increase but not decrease the scores required for students to meet or exceed the state standard for mathematics.
(11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
(((13))) (12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (((13))) (12).
(a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. This requirement shall be phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (((13))) (12)(a) shall have a plan.
(ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (((13))) (12)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
(iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this subsection (((13))) (12)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
(ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
NEW SECTION. Sec. 5. A new section is added to chapter 28A.655 RCW to read as follows:
Subject to the availability of funds appropriated for this purpose, school districts shall reimburse students for the cost of taking the tests in RCW 28A.655.061(10)(b) when the students take the tests for the purpose of using the mathematics results as an objective alternative assessment.
Sec. 6. RCW 28A.305.220 and 2004 c 19 s 108 are each amended to read as follows:
(1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.
(2) The standardized high school transcript shall include ((the following information:
(a) The highest scale score and level achieved in each content area on the high school Washington assessment of student learning or other high school measures successfully completed by the student as provided by RCW 28A.655.061 and 28A.155.045;
(b) All scholar designations as provided by RCW 28A.655.061;
(c))) a notation of whether the student has earned a certificate of individual achievement or a certificate of academic achievement ((by means of the Washington assessment of student learning or by an alternative assessment)).
(3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.
NEW SECTION. Sec. 7. If specific funding for the purposes of this act and section 5 of this act, referencing this act and section 5 of this act by bill or chapter number and section number, is not provided by June 30, 2006, in the omnibus appropriations act, section 5 of this act is null and void."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator McAuliffe moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6475.
Senators McAuliffe, Schmidt, Pflug and Weinstein spoke in favor of passage of the motion.
Senator Finkbeiner spoke against the motion.
MOTION
Senator Eide demanded that the previous question be put.
The President declared that at least two additional senators joined the demand and the demand was sustained.
The President declared the question before the Senate to be the motion of Senator Eide, “Shall the main question be now put?”
The motion by Senator Eide that the previous question be put was sustained by voice vote.
MOTION
The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6475.
The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6475 by voice vote.
Senator Johnson spoke against final passage of the bill.
Senator McAuliffe spoke in favor of final passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6475, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6475, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 38
Voting nay: Senators Benton, Deccio, Esser, Finkbeiner, Hewitt, Honeyford, Johnson and McCaslin - 8
Excused: Senators Hargrove, Oke and Thibaudeau - 3
ENGROSSED SUBSTITUTE SENATE BILL NO. 6475, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6427, with the following amendments{s} 6427-S.E AMH LG H5400.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. There is a statewide interest in maintaining coordinated planning as called for in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the legislature that smaller, slower-growing counties and cities be provided with flexibility in meeting the requirements to review local plans and development regulations in RCW 36.70A.130, while ensuring coordination and consistency with the plans of neighboring cities and counties.
Sec. 2. RCW 36.70A.130 and 2005 c 423 s 6 and 2005 c 294 s 2 are each reenacted and amended to read as follows:
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.
(b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsections (5) and (8) of this section. Amendments may be considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW;
(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; ((and))
(iv) Until June 30, 2006, the designation of recreational lands under RCW 36.70A.1701. A county amending its comprehensive plan pursuant to this subsection (2)(a)(iv) may not do so more frequently than every eighteen months; and
(v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2), provided that amendments are considered in accordance with the public participation program established by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. Except as provided in subsections (5) and (8) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) A county that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule: The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.
(c) A city that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule: The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.
(d) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities ((in compliance)): (a) Complying with the schedules in this section ((and those counties and cities)); (b) demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas; or (c) complying with the extension provisions of subsection (5)(b) or (c) of this section may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is ((deemed to be)) making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW 43.17.250.
(8) Except as provided in subsection (5)(b) and (c) of this section:
(a) Counties and cities required to satisfy the requirements of this section according to the schedule established by subsection (4)(b) through (d) of this section may comply with the requirements of this section for development regulations that protect critical areas one year after the dates established in subsection (4)(b) through (d) of this section((.));
(b) Counties and cities complying with the requirements of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance with the requirements of this section((.)); and
(c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.
(9) Notwithstanding subsection (8) of this section and the substantial progress provisions of subsections (7) and (10) of this section, only those counties and cities complying with the schedule in subsection (4) of this section, or the extension provisions of subsection (5)(b) or (c) of this section, may receive preferences for grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030.
(10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress towards compliance with the schedules in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for its comprehensive land use plan and development regulations is deemed to be making substantial progress towards compliance."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Kastama moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6427.
Senator Kastama spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Kastama that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6427.
The motion by Senator Kastama carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6427 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6427, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6427, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Hargrove - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 6427, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 3:02 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
The Senate was called to order at 3:15 p.m. by President Owen.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6429, with the following amendments{s} 6429 AMH SGOA H5272.1.
On page 1, beginning on line 10, strike all material through "chapter." on line 14, and insert the following:
"(2) Records, maps, and other information, acquired during watershed analysis pursuant to the forests and fish report under RCW 76.09.370, that identify the location of archaeological sites, historic sites, artifacts, or the sites of traditional religious, ceremonial, or social uses and activities of affected Indian tribes, are exempt from disclosure under this chapter in order to prevent the looting or depredation of such sites."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Jacobsen moved that the Senate concur in the House amendment(s) to Senate Bill No. 6429.
Senator Jacobsen spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Jacobsen that the Senate concur in the House amendment(s) to Senate Bill No. 6429.
MOTION
On motion of Senator Mulliken, Senator Stevens was excused.
The motion by Senator Jacobsen carried and the Senate concurred in the House amendment(s) to Senate Bill No. 6429 by voice vote.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6429, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6429, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senators Finkbeiner, Haugen and Sheldon - 3
Excused: Senator Stevens - 1
SENATE BILL NO. 6429, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6366, with the following amendments{s} 6366-S.E AMH APP H5458.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that certain threats to public health do not respect the jurisdictional boundaries of local public health districts and departments. Such threats require an efficient, well-coordinated response by local health jurisdictions in order to protect the health of local residents as well as the health of all Washingtonians. These threats place demands on public health to be more vigilant than ever and to respond quickly and decisively. Rapid responses of substantial magnitude are no longer a goal for the future, but a necessity for preserving the health of society.
For over a decade, the public health improvement plan process has brought state and local health jurisdictions together to achieve a partnership that has produced standards of quality and best practices that are a national model. The standards developed by the public health improvement partnership have focused largely on formal documentation of administrative processes by state and local health jurisdictions. This is the necessary first step to measuring the performance of public health, but is not yet sufficient for measuring the outcomes of these improvements in public health operations. Performance measures are needed immediately to ascertain the extent to which the residents of the state of Washington have a consistent and adequate level of protection from communicable diseases including a pandemic disease outbreak.
The legislature recognizes the magnitude of the demands placed on public health in today's society and the strides that it has made toward holding itself accountable for the way in which it performs. The legislature finds that enhanced funding and enhanced performance measures are immediately necessary in order for public health to perform at levels that will protect all of the residents of Washington.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Local health jurisdiction" means a local health department as established under chapter 70.05 RCW, a combined city-county health department as established under chapter 70.08 RCW, or a health district established under chapter 70.05 or 70.46 RCW.
(3) "Performance measure" means a standard that establishes a benchmark against which a local health jurisdiction's performance can be measured that is as closely associated with a desired outcome as possible.
(4) "Secretary" means the secretary of health.
NEW SECTION. Sec. 3. The secretary shall:
(1) By June 15, 2006, establish a template, consistent with requirements and performance standards established by the United States department of health and human services, to define preparedness activities that should be undertaken prior to a pandemic disease outbreak or other communicable disease outbreak; describe the response, coordination, and decision-making structure among all local public health, health care, and response organizations; and define the roles and responsibilities of all local public health, health care, and response organizations during all phases of a pandemic disease outbreak or other communicable disease outbreak. The template shall be used by each local health jurisdiction to assess their capacity to respond to a pandemic disease outbreak or other communicable disease outbreak that poses a significant risk of a statewide health hazard. The template must include explicit criteria and performance or outcome measures related to the activities identified in section 5 of this act, and reflect the relative priorities among the activities for purposes of local health jurisdiction planning and implementation efforts. The performance measures included in the template must provide a means to assess operations of the department and each local health jurisdiction with respect to providing an adequate and consistent level of statewide protection for the residents of the state in the event of a pandemic disease outbreak or other communicable disease outbreak. In developing these measures, the secretary shall consider performance measures developed by government agencies and private organizations. The secretary shall attempt to develop these performance measures in categories consistent with the process standards applicable to protection from communicable disease as identified in the public health improvement plan under RCW 43.70.520 and 43.70.580, to the extent that these measures are consistent with federal standards defined by the United States department of health and human services;
(2) Develop a process for assessing the compliance of the department and each local health jurisdiction with the performance measures developed under subsection (1) of this section at least biannually;
(3) Develop a process for distributing federal funds appropriated in the omnibus appropriations act on or before July 1, 2006, to local health jurisdictions for development of their pandemic flu and communicable disease outbreak preparedness and response plans, based upon a formula developed by the secretary. The formula developed by the secretary shall ensure that each local health jurisdiction receives a minimum amount of funds for plan development and that any additional funds for plan development be distributed equitably, including consideration of population and factors that increase susceptibility to an outbreak, upon soliciting the advice of the local health jurisdictions;
(4) Develop a process for approving or rejecting pandemic flu and communicable disease outbreak preparedness and response plans developed by local health jurisdictions under section 5 of this act by November 30, 2006.
NEW SECTION. Sec. 4. (1) Each local health jurisdiction must substantially comply with the performance measures established under section 3 of this act by July 1, 2007, and maintain such substantial compliance.
(2) The department shall report to the legislature by November 15, 2008, on the level of compliance with the performance measures established in section 3 of this act. The report shall consider the extent to which local health jurisdictions comply with each performance measure and any impediments to meeting the expected level of performance.
NEW SECTION. Sec. 5. By December 1, 2006, each jurisdiction shall submit a pandemic flu and communicable disease outbreak preparedness and response plan in consultation with appropriate public and private sector partners, including departments of emergency management, law enforcement, school districts, hospitals and medical professionals, tribal governments, and business organizations. The plan shall include the specific activities, including their relative priority within the plan, that it will undertake to meet the standards included in the template developed by the secretary under section 3 of this act by June 30, 2007, and a detailed explanation of the expenditures needed to implement the plan. At a minimum, each plan shall address:
(1) Public education and citizen preparedness, including improvements in the ability of the public to employ universal infectious disease prevention practices, maintain emergency supplies, and respond to a community public health emergency;
(2)(a) Disease surveillance, investigation, and rapid response, including health care provider compliance with reportable conditions requirements;
(b) Investigation and analysis of reported illness or outbreaks; and
(c) Disease control response;
(3) Communications systems, including improving effectiveness of communication, the availability of specialized communications equipment, and access by health officials and community leaders to mass media outlets;
(4) Medical system mobilization, including improving the linkages and coordination of emergency responses across health care organizations, contracts with community facilities to serve as emergency alternative sites during an emergency, availability of trained personnel, conducting practice drills and access to medical supplies and equipment, plans and protocols to rapidly administer vaccine to large populations and monitor vaccine effectiveness and safety, and guidelines for the appropriate use of medications to treat and prevent influenza or other communicable diseases;
(5) Community-level disease containment capability including increasing adherence to public health advisories, voluntary social isolation during disease outbreaks, and health officer orders related to quarantines;
(6) Maintenance of social order and essential public services, including improving linkages with the local emergency incident command structure and maintenance of essential service and the development of the legal documents necessary to facilitate and support the necessary government response.
Upon approval of a local health jurisdiction's pandemic flu and communicable disease outbreak preparedness and response plan by the secretary, the secretary shall distribute state funds and any additional federal funds appropriated under the omnibus appropriations act for implementation of the plan, based upon a formula developed by the secretary.
NEW SECTION. Sec. 6. The department shall provide implementation support and assistance to a local health jurisdiction when the secretary or the local health jurisdiction has significant concerns regarding a jurisdiction's progress toward implementing its plan. Nothing in this section is intended to limit the authority of the secretary to act under RCW 43.70.130(4).
NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec. 8. 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.
RICHARD NAFZIGER, Chief Clerk
POINT OF ORDER
Senator Keiser: “Thank you. I believe that the House amendments added to Engrossed Substitute Senate Bill No. 6366 are beyond the scope and object of the underlying bill. The underlying bill deals with the very urgent and real possibility of a pandemic flu outbreak and directs our local public health districts to begin the necessary steps to prepare for such an outbreak. The House amendments are much more broadly focused on a long-term improvement planning process of our public health system, which maybe all well and good, but is not what the original bill set out to achieve. I believe it may also be putting forward an unfunded mandate for our public health districts in section four. We have no way to make sure that would be complied with under these new performance measures that are being set for forth in the amendments that were added by the House. All together, I think it puts the underlying bill at risk and I would urge this be ruled beyond the scope and object.”
Senator Deccio spoke in favor of the point of order.
MOTION
On motion of Senator Eide, further consideration of Engrossed Substitute Senate Bill No. 6366 was deferred and the bill held its place on the calendar.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5535, with the following amendments{s} 5535-S.E AMH HC H5275.1.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.53.010 and 2003 c 142 s 1 are each amended to read as follows:
(1) The practice of optometry is defined as the examination of the human eye, the examination and ascertaining any defects of the human vision system and the analysis of the process of vision. The practice of optometry may include, but not necessarily be limited to, the following:
(a) The employment of any objective or subjective means or method, including the use of drugs, for diagnostic and therapeutic purposes by those licensed under this chapter and who meet the requirements of subsections (2) and (3) of this section, and the use of any diagnostic instruments or devices for the examination or analysis of the human vision system, the measurement of the powers or range of human vision, or the determination of the refractive powers of the human eye or its functions in general; and
(b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and
(c) The prescription and provision of visual therapy, therapeutic aids, and other optical devices; and
(d) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system; and
(e) The adaptation of prosthetic eyes.
(2)(a) Those persons using topical drugs for diagnostic purposes in the practice of optometry shall have a minimum of sixty hours of didactic and clinical instruction in general and ocular pharmacology as applied to optometry, as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for diagnostic purposes.
(b) Those persons using or prescribing topical drugs for therapeutic purposes in the practice of optometry must be certified under (a) of this subsection, and must have an additional minimum of seventy-five hours of didactic and clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for therapeutic purposes.
(c) Those persons using or prescribing drugs administered orally for diagnostic or therapeutic purposes in the practice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of sixteen hours of didactic and eight hours of supervised clinical instruction as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board of Washington to administer, dispense, or prescribe oral drugs for diagnostic or therapeutic purposes.
(d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of optometry must be certified under (b) of this subsection and must have an additional minimum of four hours of didactic and supervised clinical instruction, as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council on postsecondary accreditation to qualify for certification by the optometry board to administer epinephrine by injection.
(e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.
(f)(i) All persons receiving their initial license under this chapter on or after January 1, 2007, must be certified under (a), (b), (c), and (d) of this subsection.
(ii) All persons licensed under this chapter on or after January 1, 2009, must be certified under (a) and (b) of this subsection.
(iii) All persons licensed under this chapter on or after January 1, 2011, must be certified under (a), (b), (c), and (d) of this subsection.
(3) The board shall establish a list of topical drugs for diagnostic and treatment purposes limited to the practice of optometry, and no person licensed pursuant to this chapter shall prescribe, dispense, purchase, possess, or administer drugs except as authorized and to the extent permitted by the board.
(4) The board must establish a list of oral Schedule III through V controlled substances and any oral legend drugs, with the approval of and after consultation with the board of pharmacy. No person licensed under this chapter may use, prescribe, dispense, purchase, possess, or administer these drugs except as authorized and to the extent permitted by the board. No optometrist may use, prescribe, dispense, or administer oral corticosteroids.
(a) The board, with the approval of and in consultation with the board of pharmacy, must establish, by rule, specific guidelines for the prescription and administration of drugs by optometrists, so that licensed optometrists and persons filling their prescriptions have a clear understanding of which drugs and which dosages or forms are included in the authority granted by this section.
(b) An optometrist may not:
(i) Prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular patient for a single trauma, episode, or condition or for pain associated with or related to the trauma, episode, or condition; or
(ii) Prescribe an oral drug within ninety days following ophthalmic surgery unless the optometrist consults with the treating ophthalmologist.
(c) If treatment exceeding the limitation in (b)(i) of this subsection is indicated, the patient must be referred to a physician licensed under chapter 18.71 RCW.
(d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs appropriate to treatment of diseases or conditions of the human eye and the adnexa that are within the scope of practice of optometry. The prescription or administration of drugs for any other purpose is not authorized by this section.
(5) The board shall develop a means of identification and verification of optometrists certified to use therapeutic drugs for the purpose of issuing prescriptions as authorized by this section.
(6) Nothing in this chapter may be construed to authorize the use, prescription, dispensing, purchase, possession, or administration of any Schedule I or II controlled substance. The provisions of this subsection must be strictly construed.
(7) With the exception of the administration of epinephrine by injection for the treatment of anaphylactic shock, no injections or infusions may be administered by an optometrist.
(8) Nothing in this chapter may be construed to authorize optometrists to perform ophthalmic surgery. Ophthalmic surgery is defined as any invasive procedure in which human tissue is cut, ablated, or otherwise penetrated by incision, injection, laser, ultrasound, or other means, in order to: Treat human eye diseases; alter or correct refractive error; or alter or enhance cosmetic appearance. Nothing in this chapter limits an optometrist's ability to use diagnostic instruments utilizing laser or ultrasound technology. Ophthalmic surgery, as defined in this subsection, does not include removal of superficial ocular foreign bodies, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, diagnostic dilation and irrigation of the lacrimal system, orthokeratology, prescription and fitting of contact lenses with the purpose of altering refractive error, or other similar procedures within the scope of practice of optometry.
NEW SECTION. Sec. 2. A new section is added to chapter 18.53 RCW to read as follows:
The optometry board may adopt rules under this section authorizing an inactive license status.
(1) An individual licensed under this chapter may place his or her license on inactive status. The holder of an inactive license must not practice optometry in this state without first activating the license.
(2) The inactive renewal fee must be established by the secretary under RCW 43.70.250. Failure to renew an inactive license shall result in cancellation of the inactive license in the same manner as an active license.
(3) An inactive license may be placed in an active status upon compliance with rules established by the optometry board.
(4) Provisions relating to disciplinary action against a person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings against a person with an inactive license have been initiated, the license will remain inactive until the proceedings have been completed."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Franklin moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5535.
Senators Franklin and Deccio spoke in favor of passage of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Franklin that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5535.
The motion by Senator Franklin carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5535 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5535, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5535, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senators Finkbeiner, Haugen and Kline - 3
Excused: Senator Stevens - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5535, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Brandland, Senators Johnson and Finkbeiner were excused.
MESSAGE FROM THE HOUSE
February 28, 2006
MR. PRESIDENT:
The House has passed SECOND ENGROSSED SENATE BILL NO. 5714, with the following amendments{s} 5714-E2 AMH HC H5274.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.70 RCW to read as follows:
(1) The legislature finds that Washington state has the highest incidence of breast cancer in the nation. Despite this, mortality rates from breast cancer have declined due largely to early screening and detection. Invasive cervical cancer is the most preventable type of cancer. The Pap test, used to detect early signs of this disease, has been called "medicine's most successful screening test." Applied consistently, invasive cervical cancer could nearly be eliminated. The legislature further finds that increasing access to breast and cervical cancer screening is critical to reducing incidence and mortality rates, and eliminating the disparities of this disease in women in Washington state. Furthermore, the legislature finds there is a need for a permanent program providing early detection and screening to the women and families of Washington state.
It is the intent of the legislature to establish an early detection breast and cervical cancer screening program as a voluntary screening program directed at reducing mortalities through early detection to be offered to eligible women only as funds are available.
(2) As used in this section:
(a) "Eligible woman" means a woman who is age forty to sixty-four, and whose income is at or below two hundred fifty percent of the federal poverty level, as published annually by the federal department of health and human services. Priority enrollment shall be given to women as defined by the federal national breast and cervical cancer early detection program, under P.L. 101-354.
(b) "Approved providers" means those state-supported health providers, radiology facilities, and cytological laboratories that are recognized by the department as meeting the minimum program policies and procedures adopted by the department to qualify under the federal national breast and cervical cancer early detection program, and are designated as eligible for funding by the department.
(c) "Comprehensive" means a screening program that focuses on breast and cervical cancer screening as a preventive health measure, and includes diagnostic and case management services.
(3) The department of health is authorized to administer a state-supported early detection breast and cervical cancer screening program to assist eligible women with preventive health services. To the extent of available funding, eligible women may be enrolled in the early detection breast and cervical cancer screening program and additional eligible women may be enrolled to the extent that grants and contributions from community sources provide sufficient funds for expanding the program.
(4) Funds appropriated for the state program shall be used only to operate early detection breast and cervical cancer screening programs that have been approved by the department, or to increase access to existing state-approved programs, and shall not supplant federally supported breast and cervical cancer early detection programs.
(5) Enrollment in the early detection breast and cervical cancer screening program shall not result in expenditures that exceed the amount that has been appropriated for the program in the operating budget. If it appears that continued enrollment will result in expenditures exceeding the appropriated level for a particular fiscal year, the department may freeze new enrollment in the program. Nothing in this section prevents the department from continuing enrollment in the program if there are adequate private or public funds in addition to those appropriated in the biennial budget to support the cost of such enrollment.
(6) The department shall establish a medical advisory committee composed of interested medical professionals and consumer liaisons with expertise in a variety of areas relevant to breast and cervical health to provide expert medical advice and guidance. The medical advisory committee shall address national, state, and local concerns regarding best practices in the field of early prevention and detection for breast and cervical cancer and assist the early detection breast and cervical cancer screening program in implementing program policy that follows the best practices of high quality health care for clinical, diagnostic, pathologic, radiological, and oncology services."
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "and adding a new section to chapter 43.70 RCW."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Keiser moved that the Senate concur in the House amendment(s) to Second Engrossed Senate Bill No. 5714.
Senator Keiser spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Second Engrossed Senate Bill No. 5714.
The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Second Engrossed Senate Bill No. 5714 by voice vote.
The President declared the question before the Senate to be the final passage of Second Engrossed Senate Bill No. 5714, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Engrossed Senate Bill No. 5714, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senator Haugen - 1
Excused: Senators Finkbeiner, Johnson and Stevens - 3
SECOND ENGROSSED SENATE BILL NO. 5714, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6223, with the following amendments{s} 6223-S AMH NREP H5336.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 79.100 RCW to read as follows:
A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor.
Sec. 2. RCW 79.100.010 and 2002 c 286 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abandoned vessel" means the vessel's owner is not known or cannot be located, or if the vessel's owner is known and located but is unwilling to take control of the vessel, and the vessel has been left, moored, or anchored in the same area without the express consent, or contrary to the rules, of the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five day period. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.
(2) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.
(3) "Authorized public entity" includes any of the following: The department of natural resources; the department of fish and wildlife; the parks and recreation commission; a metropolitan park district; a port district; and any city, town, or county with ownership, management, or jurisdiction over the aquatic lands where an abandoned or derelict vessel is located.
(4) "Department" means the department of natural resources.
(5) "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:
(a) Has been moored, anchored, or otherwise left in the waters of the state or on public property contrary to RCW ((79.01.760)) 79.02.300 or rules adopted by an authorized public entity;
(b) Has been left on private property without authorization of the owner; or
(c) Has been left for a period of seven consecutive days, and:
(i) Is sunk or in danger of sinking;
(ii) Is obstructing a waterway; or
(iii) Is endangering life or property.
(6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(7) "Vessel" has the same meaning as defined in RCW 53.08.310.
Sec. 3. RCW 79.100.040 and 2002 c 286 s 5 are each amended to read as follows:
(1) Prior to exercising the authority granted in RCW 79.100.030, the authorized public entity must first obtain custody of the vessel. To do so, the authorized public entity must:
(a) Mail notice of its intent to obtain custody, at least twenty days prior to taking custody, to the last known address of the previous owner to register the vessel in any state or with the federal government and to any lien holders or secured interests on record. A notice need not be sent to the purported owner or any other person whose interest in the vessel is not recorded with a state or federal agency;
(b) Post notice of its intent clearly on the vessel for thirty days and publish its intent at least once, more than ten days but less than twenty days prior to taking custody, in a newspaper of general circulation for the county in which the vessel is located; and
(c) Post notice of its intent on the department's internet web site on a page specifically designated for such notices. If the authorized public entity is not the department, the department must facilitate the internet posting.
(2) All notices sent, posted, or published in accordance with this section must, at a minimum, explain the intent of the authorized public entity to take custody of the vessel, the rights of the authorized public entity after taking custody of the vessel as provided in RCW 79.100.030, the procedures the owner must follow in order to avoid custody being taken by the authorized public entity, the procedures the owner must follow in order to reclaim possession after custody is taken by the authorized public entity, and the financial liabilities that the owner may incur as provided for in RCW 79.100.060.
(3) If a vessel is in immediate danger of sinking, breaking up, or blocking navigational channels, and the owner of the vessel cannot be located or is unwilling or unable to assume immediate responsibility for the vessel, ((an)) any authorized public entity may tow, beach, or otherwise take temporary possession of the vessel. Before taking temporary possession of the vessel, the authorized public entity must make reasonable attempts to consult with the department ((and)) or the United States coast guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel must be set out in writing by the authorized public entity within seven days of taking action and be submitted to the owner, if known, as soon thereafter as is reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel, the authorized public entity must initiate the notice provisions in subsection (1) of this section. The authorized public entity must complete the notice requirements of subsection (1) of this section before using or disposing of the vessel as authorized in RCW 79.100.050.
Sec. 4. RCW 79.100.060 and 2002 c 286 s 7 are each amended to read as follows:
(1) The owner of an abandoned or derelict vessel is responsible for reimbursing an authorized public entity for all reasonable and auditable costs associated with the removal or disposal of the owner's vessel under this chapter. These costs include, but are not limited to, costs incurred exercising the authority granted in RCW 79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW 79.100.040, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. An authorized public entity that has taken temporary possession of a vessel may require that all reasonable and auditable costs associated with the removal of the vessel be paid before the vessel is released to the owner.
(2) Reimbursement for costs may be sought from an owner who is identified subsequent to the vessel's removal and disposal.
(3) If the full amount of all costs due to the authorized public entity under this chapter is not paid to the authorized public entity within thirty days after first notifying the responsible parties of the amounts owed, the authorized public entity or the department may bring an action in any court of competent jurisdiction to recover the costs, plus reasonable attorneys' fees and costs incurred by the authorized public entity.
NEW SECTION. Sec. 5. A new section is added to chapter 79.100 RCW to read as follows:
(1) A person seeking to contest an authorized public entity's decision to take temporary possession or custody of a vessel under this chapter, or to contest the amount of reimbursement owed to an authorized public entity under this chapter, may request a hearing in accordance with this section.
(2)(a) If the contested decision or action was undertaken by a state agency, a written request for a hearing related to the decision or action must be filed with the aquatic resources division of the department within twenty days of the date the authorized public entity acquires custody of the vessel under RCW 79.100.040, or if the vessel is redeemed before the authorized public entity acquires custody, the date of redemption, or the right to a hearing is deemed waived and the vessel's owner is liable for any costs owed the authorized public entity. In the event of litigation, the prevailing party is entitled to reasonable attorneys' fees and costs.
(b) Upon receipt of a timely hearing request, the department shall proceed to hear and determine the validity of the decision to take the vessel into temporary possession or custody and the reasonableness of any towing, storage, or other charges permitted under this chapter. Within five business days after the request for a hearing is filed, the department shall notify the vessel owner requesting the hearing and the authorized public entity of the date, time, and location for the hearing. Unless the vessel is redeemed before the request for hearing is filed, the department shall set the hearing on a date that is within ten business days of the filing of the request for hearing. If the vessel is redeemed before the request for a hearing is filed, the department shall set the hearing on a date that is within sixty days of the filing of the request for hearing.
(3)(a) If the contested decision or action was undertaken by a metropolitan park district, port district, city, town, or county, which has adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels, those rules or procedures must be followed in order to contest a decision to take temporary possession or custody of a vessel, or to contest the amount of reimbursement owed.
(b) If the metropolitan park district, port district, city, town, or county has not adopted rules or procedures for contesting decisions or actions pertaining to derelict or abandoned vessels, then a person requesting a hearing under this section must follow the procedure established in RCW 53.08.320(5) for contesting the decisions or actions of moorage facility operators.
Sec. 6. RCW 79.100.100 and 2002 c 286 s 11 are each amended to read as follows:
(1) The derelict vessel removal account is created in the state treasury. All receipts from RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.030 and 88.02.050 must be deposited into the account. The account is authorized to receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income according to the terms of the gifts, grants, or endowments provided those terms do not conflict with any provisions of this section or any guidelines developed to prioritize reimbursement of removal projects associated with this chapter. Moneys in the account may only be spent after appropriation. Expenditures from the account shall be used by the department to reimburse authorized public entities for ((seventy-five)) up to ninety percent of the total reasonable and auditable administrative, removal, disposal, and environmental damage costs of abandoned or derelict vessels when the previous owner is either unknown after a reasonable search effort or insolvent. ((During the 2001-2003 biennium, up to forty percent of the expenditures from the account may be used for administrative expenses of the department of licensing and department of natural resources in implementing this chapter.)) Costs associated with removal and disposal of an abandoned or derelict vessel under the authority granted in RCW 53.08.320 also qualify for reimbursement from the derelict vessel removal account. In each ((subsequent)) biennium, up to twenty percent of the expenditures from the account may be used for administrative expenses of the department of licensing and department of natural resources in implementing this chapter.
(2) If the balance of the account reaches one million dollars as of March 1st of any year, the department must notify the department of licensing and the collection of any fees associated with this account must be suspended for the following fiscal year.
(3) Priority for use of this account is for the removal of derelict and abandoned vessels that are in danger of sinking, breaking up, or blocking navigation channels, or that present environmental risks such as leaking fuel or other hazardous substances. The department must develop criteria, in the form of informal guidelines, to prioritize removal projects associated with this chapter, but may not consider whether the applicant is a state or local entity when prioritizing. The guidelines must also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for reimbursement.
(4) The department must keep all authorized public entities apprized of the balance of the derelict vessel removal account and the funds available for reimbursement. The guidelines developed by the department must also be made available to the other authorized public entities. This subsection (4) must be satisfied by utilizing the least costly method, including maintaining the information on the department's internet web site, or any other cost-effective method.
(5) An authorized public entity may contribute its ((twenty-five))ten percent of costs that are not eligible for reimbursement by using in-kind services, including the use of existing staff, equipment, and volunteers.
(6) This chapter does not guarantee reimbursement for an authorized public entity. Authorized public entities seeking certainty in reimbursement prior to taking action under this chapter may first notify the department of their proposed action and the estimated total costs. Upon notification by an authorized public entity, the department must make the authorized public entity aware of the status of the fund and the likelihood of reimbursement being available. The department may offer technical assistance and assure reimbursement for up to two years following the removal action if an assurance is appropriate given the balance of the fund and the details of the proposed action.
NEW SECTION. Sec. 7. RCW 79.100.090 (Contest custody/reimbursement--Lawsuit) and 2002 c 286 s 10 are each repealed."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rockefeller moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6223.
Senator Rockefeller spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rockefeller that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6223.
The motion by Senator Rockefeller carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6223 by voice vote.
MOTION
On motion of Senator Regala, Senator Haugen was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6223, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6223, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Excused: Senators Finkbeiner, Haugen, Johnson and Stevens - 4
SUBSTITUTE SENATE BILL NO. 6223, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2006
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6225, with the following amendments{s} 6225-S AMH CONW DYLA 154.
On page 23, beginning on line 4, after "holders of" strike "pump and irrigation or domestic pump specialty certificates" and insert "the specialty plumber certificate under 18.106.010(10)(c)"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6225.
Senators Rasmussen and Honeyford spoke in favor of passage of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6225.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6225 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6225, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6225, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 45
Excused: Senators Finkbeiner, Haugen, Johnson and Stevens - 4
SUBSTITUTE SENATE BILL NO. 6225, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 6319, with the following amendments{s} 6319-S2 AMH APP H5462.1.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.44.130 and 2003 c 215 s 1 and 2003 c 53 s 68 are each reenacted and amended to read as follows:
(1) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person. In addition, any such adult or juvenile: (a) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution; (b) who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or (c) whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution. Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, must notify the county sheriff immediately. The sheriff shall notify the institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(2) This section may not be construed to confer any powers pursuant to RCW ((4.24.500)) 4.24.550 upon the public safety department of any public or private institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of correction's active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to ((register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by)) comply with any of the requirements of this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
Sec. 2. RCW 9A.44.130 and 2005 c 380 s 1 are each amended to read as follows:
(1)(a) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or carries on a vocation in this state who has been found to have committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason of insanity under chapter 10.77 RCW of committing any sex offense or kidnapping offense, shall register with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation, or as otherwise specified in this section. Where a person required to register under this section is in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of release from custody with an official designated by the agency that has jurisdiction over the person.
(b) Any adult or juvenile who is required to register under (a) of this subsection:
(i) Who is attending, or planning to attend, a public or private school regulated under Title 28A RCW or chapter 72.40 RCW shall, within ten days of enrolling or prior to arriving at the school to attend classes, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the school, and the sheriff shall promptly notify the principal of the school;
(ii) Who is admitted to a public or private institution of higher education shall, within ten days of enrolling or by the first business day after arriving at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's intent to attend the institution;
(iii) Who gains employment at a public or private institution of higher education shall, within ten days of accepting employment or by the first business day after commencing work at the institution, whichever is earlier, notify the sheriff for the county of the person's residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or private institution of higher education is terminated shall, within ten days of such termination, notify the sheriff for the county of the person's residence of the person's termination of enrollment or employment at the institution.
(c) Persons required to register under this section who are enrolled in a public or private institution of higher education on June 11, 1998, or a public or private school regulated under Title 28A RCW or chapter 72.40 RCW on September 1, 2006, must notify the county sheriff immediately.
(d) The sheriff shall notify the school's principal or institution's department of public safety and shall provide that department with the same information provided to a county sheriff under subsection (3) of this section.
(e)(i) A principal receiving notice under this subsection must disclose the information received from the sheriff under (b) of this subsection as follows:
(A) If the student who is required to register as a sex offender is classified as a risk level II or III, the principal shall provide the information received to every teacher of any student required to register under (a) of this subsection and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;
(B) If the student who is required to register as a sex offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student's record.
(ii) Any information received by a principal or school personnel under this subsection is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any powers pursuant to RCW ((4.24.500)) 4.24.550 upon the public safety department of any public or private school or institution of higher education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of conviction; (vii) aliases used; (viii) social security number; (ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the following information when registering: (i) Name; (ii) date and place of birth; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction; (vi) aliases used; (vii) social security number; (viii) photograph; (ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the following deadlines. For purposes of this section the term "conviction" refers to adult convictions and juvenile adjudications for sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex offense on, before, or after February 28, 1990, and who, on or after July 28, 1991, are in custody, as a result of that offense, of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, and (B) kidnapping offenders who on or after July 27, 1997, are in custody of the state department of corrections, the state department of social and health services, a local division of youth services, or a local jail or juvenile detention facility, must register at the time of release from custody with an official designated by the agency that has jurisdiction over the offender. The agency shall within three days forward the registration information to the county sheriff for the county of the offender's anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The agency that has jurisdiction over the offender shall provide notice to the offender of the duty to register. Failure to register at the time of release and within twenty-four hours of release constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender with a duty to register under this section, and the agency has knowledge that the offender is eligible for developmental disability services from the department of social and health services, the agency shall notify the division of developmental disabilities of the release. Notice shall occur not more than thirty days before the offender is to be released. The agency and the division shall assist the offender in meeting the initial registration requirement under this section. Failure to provide such assistance shall not constitute a defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the department of corrections' active supervision, as defined by the department of corrections, the state department of social and health services, or a local division of youth services, for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(ii) as of July 28, 1991, or a kidnapping offender required to register as of July 27, 1997, shall not relieve the offender of the duty to register or to reregister following a change in residence. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result of that offense are in the custody of the United States bureau of prisons or other federal or military correctional agency for sex offenses committed before, on, or after February 28, 1990, or kidnapping offenses committed on, before, or after July 27, 1997, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. Sex offenders who, on July 23, 1995, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for sex offenses committed before, on, or after February 28, 1990, must register within ten days of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not in custody but are under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board for kidnapping offenses committed before, on, or after July 27, 1997, must register within ten days of July 27, 1997. A change in supervision status of a sex offender who was required to register under this subsection (4)(a)(iii) as of July 23, 1995, or a kidnapping offender required to register as of July 27, 1997 shall not relieve the offender of the duty to register or to reregister following a change in residence, or if the person is not a resident of Washington, the county of the person's school, or place of employment or vocation. The obligation to register shall only cease pursuant to RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders who are convicted of a sex offense on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990, and kidnapping offenders who are convicted on or after July 27, 1997, for a kidnapping offense that was committed on or after July 27, 1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county sheriff to register immediately upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state from another state or a foreign country that are not under the jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of social and health services at the time of moving to Washington, must register within thirty days of establishing residence or reestablishing residence if the person is a former Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country, federal or military statutes, or Washington state for offenses committed on or after July 27, 1997. Sex offenders and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate sentence review board, or the department of social and health services must register within twenty-four hours of moving to Washington. The agency that has jurisdiction over the offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been found not guilty by reason of insanity under chapter 10.77 RCW of (A) committing a sex offense on, before, or after February 28, 1990, and who, on or after July 23, 1995, is in custody, as a result of that finding, of the state department of social and health services, or (B) committing a kidnapping offense on, before, or after July 27, 1997, and who on or after July 27, 1997, is in custody, as a result of that finding, of the state department of social and health services, must register within twenty-four hours from the time of release with the county sheriff for the county of the person's residence. The state department of social and health services shall provide notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within twenty-four hours of receiving notice of this registration requirement. The state department of social and health services shall make reasonable attempts within available resources to notify sex offenders who were released before July 23, 1995, and kidnapping offenders who were released before July 27, 1997. Failure to register within twenty-four hours of release, or of receiving notice, constitutes a violation of this section and is punishable as provided in subsection (10) of this section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves the county in which he or she is registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than twenty-four hours after entering the county and provide the information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION. Offenders who lack a fixed residence and who are under the supervision of the department shall register in the county of their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER STATE. Offenders required to register in Washington, who move to another state, or who work, carry on a vocation, or attend school in another state shall register a new address, fingerprints, and photograph with the new state within ten days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. The person must also send written notice within ten days of moving to the new state or to a foreign country to the county sheriff with whom the person last registered in Washington state. The county sheriff shall promptly forward this information to the Washington state patrol.
(b) Failure to register within the time required under this section constitutes a per se violation of this section and is punishable as provided in subsection (10) of this section. The county sheriff shall not be required to determine whether the person is living within the county.
(c) An arrest on charges of failure to register, service of an information, or a complaint for a violation of this section, or arraignment on charges for a violation of this section, constitutes actual notice of the duty to register. Any person charged with the crime of failure to register under this section who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice of the duty through arrest, service, or arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of failing to register. Registering following arrest, service, or arraignment on charges shall not relieve the offender from criminal liability for failure to register prior to the filing of the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section changes his or her residence address within the same county, the person must send written notice of the change of address to the county sheriff within seventy-two hours of moving. If any person required to register pursuant to this section moves to a new county, the person must send written notice of the change of address at least fourteen days before moving to the county sheriff in the new county of residence and must register with that county sheriff within twenty-four hours of moving. The person must also send written notice within ten days of the change of address in the new county to the county sheriff with whom the person last registered. The county sheriff with whom the person last registered shall promptly forward the information concerning the change of address to the county sheriff for the county of the person's new residence. Upon receipt of notice of change of address to a new state, the county sheriff shall promptly forward the information regarding the change of address to the agency designated by the new state as the state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed to send a notice at least fourteen days in advance of moving as required under (a) of this subsection that the person did not know the location of his or her new residence at least fourteen days before moving. The defendant must establish the defense by a preponderance of the evidence and, to prevail on the defense, must also prove by a preponderance that the defendant sent the required notice within twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence. The notice shall include the information required by subsection (3)(b) of this section, except the photograph and fingerprints. The county sheriff may, for reasonable cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the sheriff of the county in which the person intends to reside, if the person intends to reside in another county.
(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence and has subsequently complied with the requirements of subsections (4)(a)(vii) or (viii) and (6) of this section. To prevail, the person must prove the defense by a preponderance of the evidence.
(7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the individual and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540, 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a sex offense under this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a sex offense under RCW 9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as defined in chapter 9A.40 RCW, where the victim is a minor and the offender is not the minor's parent; (ii) any offense that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit an offense that is classified as a kidnapping offense under this subsection (9)(b); and (iii) any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a kidnapping offense under this subsection (9)(b).
(c) "Employed" or "carries on a vocation" means employment that is full-time or part-time for a period of time exceeding fourteen days, or for an aggregate period of time exceeding thirty days during any calendar year. A person is employed or carries on a vocation whether the person's employment is financially compensated, volunteered, or for the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or part-time basis, in any public or private educational institution. An educational institution includes any secondary school, trade or professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to ((register with the county sheriff or notify the county sheriff, or who changes his or her name without notifying the county sheriff and the state patrol, as required by)) comply with any of the requirements of this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (9)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves within the state without notifying the county sheriff as required by this section is guilty of a class C felony if the crime for which the individual was convicted was a felony kidnapping offense as defined in subsection (9)(b) of this section or a federal or out-of-state conviction for an offense that under the laws of this state would be a felony kidnapping offense as defined in subsection (9)(b) of this section.
(b) If the crime for which the individual was convicted was other than a felony or a federal or out-of-state conviction for an offense that under the laws of this state would be other than a felony, violation of this section is a gross misdemeanor.
(12) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a peace officer, including a county sheriff, or law enforcement agency, for failing to release information authorized under this section.
Sec. 3. RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 are each reenacted and amended to read as follows:
|
TABLE 2 |
|
|
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL |
|
XVI |
Aggravated Murder 1 (RCW 10.95.020) |
|
XV |
Homicide by abuse (RCW 9A.32.055) |
|
|
Malicious explosion 1 (RCW 70.74.280(1)) |
|
|
Murder 1 (RCW 9A.32.030) |
|
XIV |
Murder 2 (RCW 9A.32.050) |
|
|
Trafficking 1 (RCW 9A.40.100(1)) |
|
XIII |
Malicious explosion 2 (RCW 70.74.280(2)) |
|
|
Malicious placement of an explosive 1 (RCW 70.74.270(1)) |
|
XII |
Assault 1 (RCW 9A.36.011) |
|
|
Assault of a Child 1 (RCW 9A.36.120) |
|
|
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) |
|
|
Rape 1 (RCW 9A.44.040) |
|
|
Rape of a Child 1 (RCW 9A.44.073) |
|
|
Trafficking 2 (RCW 9A.40.100(2)) |
|
XI |
Manslaughter 1 (RCW 9A.32.060) |
|
|
Rape 2 (RCW 9A.44.050) |
|
|
Rape of a Child 2 (RCW 9A.44.076) |
|
X |
Child Molestation 1 (RCW 9A.44.083) |
|
|
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) |
|
|
Kidnapping 1 (RCW 9A.40.020) |
|
|
Leading Organized Crime (RCW 9A.82.060(1)(a)) |
|
|
Malicious explosion 3 (RCW 70.74.280(3)) |
|
|
Sexually Violent Predator Escape (RCW 9A.76.115) |
|
IX |
Assault of a Child 2 (RCW 9A.36.130) |
|
|
Explosive devices prohibited (RCW 70.74.180) |
|
|
Hit and Run--Death (RCW 46.52.020(4)(a)) |
|
|
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) |
|
|
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) |
|
|
Malicious placement of an explosive 2 (RCW 70.74.270(2)) |
|
|
Robbery 1 (RCW 9A.56.200) |
|
|
Sexual Exploitation (RCW 9.68A.040) |
|
|
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) |
|
VIII |
Arson 1 (RCW 9A.48.020) |
|
|
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) |
|
|
Manslaughter 2 (RCW 9A.32.070) |
|
|
Promoting Prostitution 1 (RCW 9A.88.070) |
|
|
Theft of Ammonia (RCW 69.55.010) |
|
|
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) |
|
VII |
Burglary 1 (RCW 9A.52.020) |
|
|
Child Molestation 2 (RCW 9A.44.086) |
|
|
Civil Disorder Training (RCW 9A.48.120) |
|
|
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050) |
|
|
Drive-by Shooting (RCW 9A.36.045) |
|
|
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) |
|
|
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) |
|
|
Introducing Contraband 1 (RCW 9A.76.140) |
|
|
Malicious placement of an explosive 3 (RCW 70.74.270(3)) |
|
|
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) |
|
|
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060) |
|
|
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) |
|
|
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225) |
|
|
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) |
|
VI |
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) |
|
|
Bribery (RCW 9A.68.010) |
|
|
Incest 1 (RCW 9A.64.020(1)) |
|
|
Intimidating a Judge (RCW 9A.72.160) |
|
|
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130) |
|
|
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) |
|
|
Rape of a Child 3 (RCW 9A.44.079) |
|
|
Theft of a Firearm (RCW 9A.56.300) |
|
|
Unlawful Storage of Ammonia (RCW 69.55.020) |
|
V |
Abandonment of dependent person 1 (RCW 9A.42.060) |
|
|
Advancing money or property for extortionate extension of credit (RCW 9A.82.030) |
|
|
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) |
|
|
Child Molestation 3 (RCW 9A.44.089) |
|
|
Criminal Mistreatment 1 (RCW 9A.42.020) |
|
|
Custodial Sexual Misconduct 1 (RCW 9A.44.160) |
|
|
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145) |
|
|
Extortion 1 (RCW 9A.56.120) |
|
|
Extortionate Extension of Credit (RCW 9A.82.020) |
|
|
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) |
|
|
Incest 2 (RCW 9A.64.020(2)) |
|
|
Kidnapping 2 (RCW 9A.40.030) |
|
|
Perjury 1 (RCW 9A.72.020) |
|
|
Persistent prison misbehavior (RCW 9.94.070) |
|
|
Possession of a Stolen Firearm (RCW 9A.56.310) |
|
|
Rape 3 (RCW 9A.44.060) |
|
|
Rendering Criminal Assistance 1 (RCW 9A.76.070) |
|
|
Sexual Misconduct with a Minor 1 (RCW 9A.44.093) |
|
|
Sexually Violating Human Remains (RCW 9A.44.105) |
|
|
Stalking (RCW 9A.46.110) |
|
|
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) |
|
IV |
Arson 2 (RCW 9A.48.030) |
|
|
Assault 2 (RCW 9A.36.021) |
|
|
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) |
|
|
Assault by Watercraft (RCW 79A.60.060) |
|
|
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100) |
|
|
Cheating 1 (RCW 9.46.1961) |
|
|
Commercial Bribery (RCW 9A.68.060) |
|
|
Counterfeiting (RCW 9.16.035(4)) |
|
|
Endangerment with a Controlled Substance (RCW 9A.42.100) |
|
|
Escape 1 (RCW 9A.76.110) |
|
|
Hit and Run--Injury (RCW 46.52.020(4)(b)) |
|
|
Hit and Run with Vessel--Injury Accident (RCW 79A.60.200(3)) |
|
|
Identity Theft 1 (RCW 9.35.020(2)) |
|
|
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010) |
|
|
Influencing Outcome of Sporting Event (RCW 9A.82.070) |
|
|
Malicious Harassment (RCW 9A.36.080) |
|
|
Residential Burglary (RCW 9A.52.025) |
|
|
Robbery 2 (RCW 9A.56.210) |
|
|
Theft of Livestock 1 (RCW 9A.56.080) |
|
|
Threats to Bomb (RCW 9.61.160) |
|
|
Trafficking in Stolen Property 1 (RCW 9A.82.050) |
|
|
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) |
|
|
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) |
|
|
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) |
|
|
Unlawful transaction of insurance business (RCW 48.15.023(3)) |
|
|
Unlicensed practice as an insurance professional (RCW 48.17.063(3)) |
|
|
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) |
|
|
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) |
|
|
Willful Failure to Return from Furlough (RCW 72.66.060) |
|
III |
Abandonment of dependent person 2 (RCW 9A.42.070) |
|
|
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) |
|
|
Assault of a Child 3 (RCW 9A.36.140) |
|
|
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) |
|
|
Burglary 2 (RCW 9A.52.030) |
|
|
Communication with a Minor for Immoral Purposes (RCW 9.68A.090) |
|
|
Criminal Gang Intimidation (RCW 9A.46.120) |
|
|
Criminal Mistreatment 2 (RCW 9A.42.030) |
|
|
Custodial Assault (RCW 9A.36.100) |
|
|
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) |
|
|
Escape 2 (RCW 9A.76.120) |
|
|
Extortion 2 (RCW 9A.56.130) |
|
|
Harassment (RCW 9A.46.020) |
|
|
Intimidating a Public Servant (RCW 9A.76.180) |
|
|
Introducing Contraband 2 (RCW 9A.76.150) |
|
|
Malicious Injury to Railroad Property (RCW 81.60.070) |
|
|
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) |
|
|
Patronizing a Juvenile Prostitute (RCW 9.68A.100) |
|
|
Perjury 2 (RCW 9A.72.030) |
|
|
Possession of Incendiary Device (RCW 9.40.120) |
|
|
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190) |
|
|
Promoting Prostitution 2 (RCW 9A.88.080) |
|
|
Securities Act violation (RCW 21.20.400) |
|
|
Tampering with a Witness (RCW 9A.72.120) |
|
|
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) |
|
|
Theft of Livestock 2 (RCW 9A.56.083) |
|
|
Trafficking in Stolen Property 2 (RCW 9A.82.055) |
|
|
Unlawful Imprisonment (RCW 9A.40.040) |
|
|
Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) |
|
|
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) |
|
|
Willful Failure to Return from Work Release (RCW 72.65.070) |
|
II |
Computer Trespass 1 (RCW 9A.52.110) |
|
|
Counterfeiting (RCW 9.16.035(3)) |
|
|
Escape from Community Custody (RCW 72.09.310) |
|
|
Health Care False Claims (RCW 48.80.030) |
|
|
Identity Theft 2 (RCW 9.35.020(3)) |
|
|
Improperly Obtaining Financial Information (RCW 9.35.010) |
|
|
Malicious Mischief 1 (RCW 9A.48.070) |
|
|
Possession of Stolen Property 1 (RCW 9A.56.150) |
|
|
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130(10)(a)) |
|
|
Theft 1 (RCW 9A.56.030) |
|
|
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a)) |
|
|
Trafficking in Insurance Claims (RCW 48.30A.015) |
|
|
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) |
|
|
Unlawful Practice of Law (RCW 2.48.180) |
|
|
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) |
|
I |
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) |
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False Verification for Welfare (RCW 74.08.055) |
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Forgery (RCW 9A.60.020) |
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Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) |
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Malicious Mischief 2 (RCW 9A.48.080) |
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Mineral Trespass (RCW 78.44.330) |
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Possession of Stolen Property 2 (RCW 9A.56.160) |
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Reckless Burning 1 (RCW 9A.48.040) |
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Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) |
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Theft 2 (RCW 9A.56.040) |
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Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b)) |
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Transaction of insurance business beyond the scope of licensure (RCW 48.17.063(4)) |
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Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) |
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Unlawful Possession of Fictitious Identification (RCW 9A.56.320) |
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Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) |
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Unlawful Possession of Payment Instruments (RCW 9A.56.320) |
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Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) |
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Unlawful Production of Payment Instruments (RCW 9A.56.320) |
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Unlawful Trafficking in Food Stamps (RCW 9.91.142) |
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Unlawful Use of Food Stamps (RCW 9.91.144) |
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Vehicle Prowl 1 (RCW 9A.52.095) |
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Sec. 4. RCW 9.94A.545 and 2003 c 379 s 8 are each amended to read as follows:
(1) Except as provided in RCW 9.94A.650 and in subsection (2) of this section, on all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.
(2) If the offender is guilty of failure to register under RCW 9A.44.130(10)(a), the court shall impose a term of community custody under RCW 9.94A.715.
Sec. 5. RCW 9.94A.715 and 2003 c 379 s 6 are each amended to read as follows:
(1) When a court sentences a person to the custody of the department for a sex offense not sentenced under RCW 9.94A.712, a violent offense, any crime against persons under RCW 9.94A.411(2), or a felony offense under chapter 69.50 or 69.52 RCW, committed on or after July 1, 2000, or when a court sentences a person to a term of confinement of one year or less for a violation of RCW 9A.44.130(10)(a) committed on or after the effective date of this act, the court shall in addition to the other terms of the sentence, sentence the offender to community custody for the community custody range established under RCW 9.94A.850 or up to the period of earned release awarded pursuant to RCW 9.94A.728 (1) and (2), whichever is longer. The community custody shall begin: (a) Upon completion of the term of confinement; (b) at such time as the offender is transferred to community custody in lieu of earned release in accordance with RCW 9.94A.728 (1) and (2); or (c) with regard to offenders sentenced under RCW 9.94A.660, upon failure to complete or administrative termination from the special drug offender sentencing alternative program. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community custody imposed under this section.
(2)(a) Unless a condition is waived by the court, the conditions of community custody shall include those provided for in RCW 9.94A.700(4). The conditions may also include those provided for in RCW 9.94A.700(5). The court may also order the offender to participate in rehabilitative programs or otherwise perform affirmative conduct reasonably related to the circumstances of the offense, the offender's risk of reoffending, or the safety of the community, and the department shall enforce such conditions pursuant to subsection (6) of this section.
(b) As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department under RCW 9.94A.720. The department shall assess the offender's risk of reoffense and may establish and modify additional conditions of the offender's community custody based upon the risk to community safety. In addition, the department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(c) The department may not impose conditions that are contrary to those ordered by the court and may not contravene or decrease court imposed conditions. The department shall notify the offender in writing of any such conditions or modifications. In setting, modifying, and enforcing conditions of community custody, the department shall be deemed to be performing a quasi-judicial function.
(3) If an offender violates conditions imposed by the court or the department pursuant to this section during community custody, the department may transfer the offender to a more restrictive confinement status and impose other available sanctions as provided in RCW 9.94A.737 and 9.94A.740.
(4) Except for terms of community custody under RCW 9.94A.670, the department shall discharge the offender from community custody on a date determined by the department, which the department may modify, based on risk and performance of the offender, within the range or at the end of the period of earned release, whichever is later.
(5) At any time prior to the completion or termination of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.631 and may be punishable as contempt of court as provided for in RCW 7.21.040. If the court extends a condition beyond the expiration of the term of community custody, the department is not responsible for supervision of the offender's compliance with the condition.
(6) Within the funds available for community custody, the department shall determine conditions and duration of community custody on the basis of risk to community safety, and shall supervise offenders during community custody on the basis of risk to community safety and conditions imposed by the court. The secretary shall adopt rules to implement the provisions of this subsection.
(7) By the close of the next business day after receiving notice of a condition imposed or modified by the department, an offender may request an administrative review under rules adopted by the department. The condition shall remain in effect unless the reviewing officer finds that it is not reasonably related to any of the following: (a) The crime of conviction; (b) the offender's risk of reoffending; or (c) the safety of the community.
Sec. 6. RCW 9.94A.525 and 2002 c 290 s 3 and 2002 c 107 s 3 are each reenacted and amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(2) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and ½ point for each juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult and ½ point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and ½ point for each juvenile prior conviction.
(12) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(13) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as ½ point.
(14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as ½ point.
(15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(16) If the present conviction is for a sex offense, count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(17) If the present conviction is for failure to register as a sex offender under RCW 9A.44.130(10), count priors as in subsections (7) through (15) of this section; however count three points for each adult and juvenile prior sex offense conviction, excluding prior convictions for failure to register as a sex offender under RCW 9A.44.130(10), which shall count as one point.
(18) If the present conviction is for an offense committed while the offender was under community placement, add one point.
(((18))) (19) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Accordingly, prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions.
NEW SECTION. Sec. 7. Section 1 of this act expires September 1, 2006.
NEW SECTION. Sec. 8. Section 2 of this act takes effect September 1, 2006.
NEW SECTION. Sec. 9. If specific funding for the purposes of section 3 of this act, referencing this act and section 3 of this act by bill or chapter number and section number, is not provided by June 30, 2006, in the omnibus appropriations act, section 3 of this act is null and void.
NEW SECTION. Sec. 10. If specific funding for the purposes of section 4 of this act, referencing this act and section 4 of this act by bill or chapter number and section number, is not provided by June 30, 2006, in the omnibus appropriations act, section 4 of this act is null and void."
Correct the title.
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Regala moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6319.
Senator Regala spoke in favor of the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Regala that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 6319.
The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 6319 by voice vote.
The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6319, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6319, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 43
Voting nay: Senator Pridemore - 1
Absent: Senator Deccio - 1
Excused: Senators Finkbeiner, Haugen, Johnson and Stevens - 4
SECOND SUBSTITUTE SENATE BILL NO. 6319, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Brandland, Senator Deccio was excused.
MESSAGE FROM THE HOUSE
March 1, 2006
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6415, with the following amendments{s} 6415 AMH TR H5352.1.
On page 2, beginning on line 2, strike "and at the applicant's expense" and insert "from a list provided by the department of licensing"
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6415 and ask the House to recede therefrom.
Senator Pridemore spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Pridemore that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 6415 and ask the House to recede therefrom.
The motion by Senator Pridemore carried and the Senate refused to concur in the House amendment(s) to Senate Bill No. 6415 and asked the House to recede therefrom.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2582, by House Committee on Appropriations (originally sponsored by Representatives Upthegrove, Hunter, Appleton, Hasegawa, Quall, Clibborn, Simpson, Green, Ormsby, Kenney, Hudgins and Kagi)
Expanding high school completion programs.
The measure was read the second time.
MOTION
Senator McAuliffe moved that the following committee striking amendment by the Committee on Ways & Means be not adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the goal of Washington's education reform is for all students to meet rigorous academic standards so that they are prepared for success in college, work, and life. Educators know that not all students learn at the same rate or in the same way. Some students will take longer to meet the state's standards for high school graduation. Older students who cannot graduate with their peers need an appropriate learning environment and flexible programming that enables them simultaneously to earn a diploma, work, and pursue other training options. Providing learning options in locations in addition to high schools will encourage older students to complete their diplomas. The legislature further finds that the state's commitment to providing a basic education for all public school students under the age of twenty-one should continue until a student earns a diploma. Therefore the legislature intends to expand high school completion programs at community and technical colleges for older students who have not yet received a diploma but are eligible for state basic education support.
Sec. 2. RCW 28B.50.535 and 1991 c 238 s 58 are each amended to read as follows:
A community or technical college may issue a high school diploma or certificate, subject to rules ((and regulations promulgated)) adopted by the superintendent of public instruction and the state board of education.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
(1) In accordance with this section, each community or technical college shall make available courses or a program of study, on the college campus, designed to enable students under the age of twenty-one who have completed all state and local high school graduation requirements except the certificate of academic achievement or certificate of individual achievement to complete their high school education and obtain a high school diploma.
(a) Colleges may make courses or programs under this section available by entering into contracts with local school districts to deliver the courses or programs. Colleges that offer courses or programs under contract shall be reimbursed for each enrolled eligible student as provided in the contract, and the high school diploma shall be issued by the local school district;
(b) Colleges may deliver courses or programs under this section directly. Colleges that deliver courses or programs directly shall be reimbursed for each enrolled eligible student as provided in section 4 of this act, and the high school diploma shall be issued by the college; or
(c) Colleges may make courses or programs under this section available through a combination of contracts with local school districts, collaboration with educational service districts, and direct service delivery. Colleges may also make courses or programs under this section available for students at locations in addition to the college campus but not on a high school campus.
(2) Regardless of the service delivery method chosen, colleges shall ensure that all eligible students have an opportunity to enroll in a course or program under this section.
(3) Colleges shall not require students enrolled under this section to pay tuition or services and activities fees, however this waiver of tuition and services and activities fees shall be in effect only for those courses that lead to a high school diploma.
(4) Nothing in this section or section 4 of this act precludes a community or technical college from offering courses or a program of study for students other than eligible students as defined by section 4 of this act to obtain a high school diploma, nor is intended to restrict diploma completion programs offered by school districts or educational service districts. Community and technical colleges and school districts are encouraged to consult with educational service districts in the development and delivery of programs and courses required under this section.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.600 RCW to read as follows:
(1) For purposes of this section and section 3 of this act, "eligible student" means a student who has completed all state and local high school graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045, and who is less than age twenty-one as of September 1st of the academic year the student enrolls at a community and technical college under this section.
(2) An eligible student may enroll in courses or a program of study made available by a community or technical college under section 3 of this act for the purpose of obtaining a high school diploma.
(3) For eligible students in courses or programs delivered directly by the community or technical college under section 3 of this act and only for enrollment in courses that lead to a high school diploma, the superintendent of public instruction shall transmit to the college an amount per each full-time equivalent college student at statewide uniform rates. The amount shall be the sum of (a), (b), (c), and (d) of this subsection, as applicable.
(a) The superintendent shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 for purposes of making payments under this section. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW.
(b) The superintendent shall allocate an amount equal to the per funded student state allocation for the learning assistance program under chapter 28A.165 RCW for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.
(c) The superintendent shall allocate an amount equal to the per full-time equivalent student allocation for the student achievement program under RCW 28A.505.210 for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.
(d) For eligible students who meet eligibility criteria for the state transitional bilingual instruction program under chapter 28A.180 RCW, the superintendent shall allocate an amount equal to the per student state allocation for the transitional bilingual instruction program or a pro rata amount for less than full-time enrollment.
(4) School districts and the state board for community and technical colleges shall report no student for more than 1.0 full-time equivalent combining both their high school enrollment and instruction in the college program offered for students meeting all graduation requirements except the certificate of academic achievement or certificate of individual achievement.
(5) The superintendent may adopt rules establishing enrollment reporting, recordkeeping, and accounting requirements necessary to ensure accountability for the use of basic education, learning assistance, and transitional bilingual program funds under this section.
(6) All school districts shall provide information about the high school completion option under section 3 of this act to students in grades ten, eleven, and twelve and the parents or guardians of those students.
Sec. 5. RCW 28A.230.120 and 2003 c 234 s 1 are each amended to read as follows:
(1) School districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Districts shall grant students the option of receiving a final transcript in addition to the regular diploma. Students who satisfactorily complete all local and state graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045 may participate in high school graduation ceremonies.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation.
(3)(a) A school district may issue a high school diploma to a person who:
(i) Is an honorably discharged member of the armed forces of the United States;
(ii) Was scheduled to graduate from high school in the years 1940 through 1955; and
(iii) Left high school before graduation to serve in World War II or the Korean conflict.
(b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma.
Sec. 6. RCW 28A.655.061 and 2004 c 19 s 101 are each amended to read as follows:
(1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (11) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (11) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement. The student's transcript shall note whether the certificate of academic achievement was acquired by means of the Washington assessment of student learning or by an alternative assessment.
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
(6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
(7) Beginning with the graduating class of 2006, the highest scale score and level achieved in each content area on the high school Washington assessment of student learning shall be displayed on a student's transcript. In addition, beginning with the graduating class of 2008, each student shall receive a scholar's designation on his or her transcript for each content area in which the student achieves level four the first time the student takes that content area assessment.
(8) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
(9) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
(10) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
(11) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
(12) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
(13) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (13).
(a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. If applicable, the plan shall also include the high school completion option created under section 3 of this act. This requirement shall be phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (13)(a) shall have a plan.
(ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (13)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
(iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this subsection (13)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
(ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
Sec. 7. RCW 28B.15.520 and 1993 sp.s. c 18 s 16 are each amended to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards of the community colleges may:
(1) Waive all or a portion of tuition fees and services and activities fees for:
(a) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015 ((and)), who enroll in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate, but who are not eligible students as defined by section 4 of this act; and
(b) Children of any law enforcement officer or fire fighter who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the waiver only if they begin their course of study at a community college within ten years of their graduation from high school;
(2) Waive all or a portion of the nonresident tuition fees differential for:
(a) Nonresident students enrolled in a community college course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate but who are not eligible students as defined by section 4 of this act. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and
(b) Up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program.
Sec. 8. RCW 28B.15.067 and 2003 c 232 s 4 are each amended to read as follows:
(1) Tuition fees shall be established under the provisions of this chapter.
(2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.
(3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.
(4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2009-10, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature.
(5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.
(6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college under section 3 of this act for the purpose of obtaining a high school diploma.
(7) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle income resident law students.
(((7))) (8) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students."
On page 1, beginning on line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.50.535, 28A.230.120, 28A.655.061, 28B.15.520, and 28B.15.067; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28A.600 RCW; and creating a new section."
The President declared the question before the Senate to be the motion by Senator McAuliffe to not adopt the committee striking amendment by the Committee on Ways & Means to Engrossed Second Substitute House Bill No. 2582.
The motion by Senator McAuliffe carried and the committee striking amendment was not adopted by voice vote.
MOTION
Senator McAuliffe moved that the following striking amendment by Senators McAuliffe and Schmidt be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the goal of Washington's education reform is for all students to meet rigorous academic standards so that they are prepared for success in college, work, and life. Educators know that not all students learn at the same rate or in the same way. Some students will take longer to meet the state's standards for high school graduation. Older students who cannot graduate with their peers need an appropriate learning environment and flexible programming that enables them simultaneously to earn a diploma, work, and pursue other training options. Providing learning options in locations in addition to high schools will encourage older students to complete their diplomas. The legislature further finds that the state's commitment to providing a basic education for all public school students under the age of twenty-one should continue until a student earns a diploma. Therefore the legislature intends to expand high school completion programs at community and technical colleges for older students who have not yet received a diploma but are eligible for state basic education support.
Sec. 2. RCW 28B.50.535 and 1991 c 238 s 58 are each amended to read as follows:
A community or technical college may issue a high school diploma or certificate, subject to rules ((and regulations promulgated)) adopted by the superintendent of public instruction and the state board of education.
NEW SECTION. Sec. 3. A new section is added to chapter 28B.50 RCW to read as follows:
(1) In accordance with this section, each community or technical college shall make available courses or a program of study, on the college campus, designed to enable students under the age of twenty-one who have completed all state and local high school graduation requirements except the certificate of academic achievement or certificate of individual achievement to complete their high school education and obtain a high school diploma.
(a) Colleges may make courses or programs under this section available by entering into contracts with local school districts to deliver the courses or programs. Colleges that offer courses or programs under contract shall be reimbursed for each enrolled eligible student as provided in the contract, and the high school diploma shall be issued by the local school district;
(b) Colleges may deliver courses or programs under this section directly. Colleges that deliver courses or programs directly shall be reimbursed for each enrolled eligible student as provided in section 4 of this act, and the high school diploma shall be issued by the college; or
(c) Colleges may make courses or programs under this section available through a combination of contracts with local school districts, collaboration with educational service districts, and direct service delivery. Colleges may also make courses or programs under this section available for students at locations in addition to the college campus but not on a high school campus.
(2) Regardless of the service delivery method chosen, colleges shall ensure that all eligible students have an opportunity to enroll in a course or program under this section.
(3) Colleges shall not require students enrolled under this section to pay tuition or services and activities fees, however this waiver of tuition and services and activities fees shall be in effect only for those courses that lead to a high school diploma.
(4) Nothing in this section or section 4 of this act precludes a community or technical college from offering courses or a program of study for students other than eligible students as defined by section 4 of this act to obtain a high school diploma, nor is intended to restrict diploma completion programs offered by school districts or educational service districts. Community and technical colleges and school districts are encouraged to consult with educational service districts in the development and delivery of programs and courses required under this section.
NEW SECTION. Sec. 4. A new section is added to chapter 28A.600 RCW to read as follows:
(1) For purposes of this section and section 3 of this act, "eligible student" means a student who has completed all state and local high school graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045, and who is less than age twenty-one as of September 1st of the academic year the student enrolls at a community and technical college under this section.
(2) An eligible student may enroll in courses or a program of study made available by a community or technical college under section 3 of this act for the purpose of obtaining a high school diploma.
(3) For eligible students in courses or programs delivered directly by the community or technical college under section 3 of this act and only for enrollment in courses that lead to a high school diploma, the superintendent of public instruction shall transmit to the college an amount per each full-time equivalent college student at statewide uniform rates. The amount shall be the sum of (a), (b), (c), and (d) of this subsection, as applicable.
(a) The superintendent shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 for purposes of making payments under this section. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW.
(b) The superintendent shall allocate an amount equal to the per funded student state allocation for the learning assistance program under chapter 28A.165 RCW for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.
(c) The superintendent shall allocate an amount equal to the per full-time equivalent student allocation for the student achievement program under RCW 28A.505.210 for each full-time equivalent college student or a pro rata amount for less than full-time enrollment.
(d) For eligible students who meet eligibility criteria for the state transitional bilingual instruction program under chapter 28A.180 RCW, the superintendent shall allocate an amount equal to the per student state allocation for the transitional bilingual instruction program or a pro rata amount for less than full-time enrollment.
(4) School districts and the state board for community and technical colleges shall report no student for more than 1.0 full-time equivalent combining both their high school enrollment and instruction in the college program offered for students meeting all graduation requirements except the certificate of academic achievement or certificate of individual achievement.
(5) The superintendent may adopt rules establishing enrollment reporting, recordkeeping, and accounting requirements necessary to ensure accountability for the use of basic education, learning assistance, and transitional bilingual program funds under this section.
(6) All school districts shall provide information about the high school completion option under section 3 of this act to students in grades ten, eleven, and twelve and the parents or guardians of those students.
Sec. 5. RCW 28A.230.120 and 2003 c 234 s 1 are each amended to read as follows:
(1) School districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Districts shall grant students the option of receiving a final transcript in addition to the regular diploma. Each district must adopt a policy regarding whether students who satisfactorily complete all local and state graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045 may participate in high school graduation ceremonies.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation.
(3)(a) A school district may issue a high school diploma to a person who:
(i) Is an honorably discharged member of the armed forces of the United States;
(ii) Was scheduled to graduate from high school in the years 1940 through 1955; and
(iii) Left high school before graduation to serve in World War II or the Korean conflict.
(b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma.
Sec. 6. RCW 28A.655.061 and 2004 c 19 s 101 are each amended to read as follows:
(1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (11) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (11) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement. The student's transcript shall note whether the certificate of academic achievement was acquired by means of the Washington assessment of student learning or by an alternative assessment.
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
(6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
(7) Beginning with the graduating class of 2006, the highest scale score and level achieved in each content area on the high school Washington assessment of student learning shall be displayed on a student's transcript. In addition, beginning with the graduating class of 2008, each student shall receive a scholar's designation on his or her transcript for each content area in which the student achieves level four the first time the student takes that content area assessment.
(8) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
(b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
(9) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
(10) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school district.
(11) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
(12) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
(13) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (13).
(a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. If applicable, the plan shall also include the high school completion option created under section 3 of this act. This requirement shall be phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (13)(a) shall have a plan.
(ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (13)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
(iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this subsection (13)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
(ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
Sec. 7. RCW 28B.15.520 and 1993 sp.s. c 18 s 16 are each amended to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards of the community colleges may:
(1) Waive all or a portion of tuition fees and services and activities fees for:
(a) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015 ((and)), who enroll in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate, but who are not eligible students as defined by section 4 of this act; and
(b) Children of any law enforcement officer or fire fighter who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the waiver only if they begin their course of study at a community college within ten years of their graduation from high school;
(2) Waive all or a portion of the nonresident tuition fees differential for:
(a) Nonresident students enrolled in a community college course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate but who are not eligible students as defined by section 4 of this act. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and
(b) Up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program.
Sec. 8. RCW 28B.15.067 and 2003 c 232 s 4 are each amended to read as follows:
(1) Tuition fees shall be established under the provisions of this chapter.
(2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.
(3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.
(4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2009-10, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature.
(5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.
(6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college under section 3 of this act for the purpose of obtaining a high school diploma.
(7) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle income resident law students.
(((7))) (8) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students."
Senator McAuliffe spoke in favor of adoption of the striking amendment.
MOTION
Senator McAuliffe moved that the following amendment by Senator McAuliffe to the striking amendment be adopted.
On page 11, after line 6 of the amendment, insert the following:
"NEW SECTION. Sec. 9 The superintendent of public instruction shall provide data about the dropout rates for tenth grade students in the 2004-05 school year and for tenth grade students in the 2005-06 school year and report the findings to the legislature by December 1, 2006."
Senator McAuliffe spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 11, line 6 to the striking amendment to Engrossed Second Substitute House Bill No. 2582.
The motion by Senator McAuliffe carried and the amendment to the striking amendment was adopted by voice vote.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Schmidt as amended to Engrossed Second Substitute House Bill No. 2582.
The motion by Senator McAuliffe carried and the striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendments were adopted.
On page 1, line 1 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 28B.50.535, 28A.230.120, 28A.655.061, 28B.15.520, and 28B.15.067; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28A.600 RCW; and creating a new section."
On page 11, line 11 of the title amendment, after "creating" strike "a new section" and insert "new sections"
MOTION
On motion of Senator McAuliffe, the rules were suspended, Engrossed Second Substitute House Bill No. 2582 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator McAuliffe spoke in favor of passage of the bill.
POINT OF INQUIRY
Senator Roach: “Would the Senator from the First District yield to a question? I just want to make sure that I fully understand this, maybe preference my question by this statement. Most people understand that students that go on to the community colleges, fifty to sixty percent of them, if not more, have to be enrolled in at least one remedial class, whether that’s something to do with writing and reading or math and so we are right now graduating students that don’t meet some of those requirements. These students are required to pay tuition for these classes so…….”
REMARKS BY THE PRESIDENT
President Owen: “Senator Roach, you're making a speech, do you have a question, Senator Roach?”
Senator Roach: “Yes, I do Mr. President, but I needed to put the question into context. So, on page two of the bill, section three, colleges shall not require students enrolled under this section to pay tuition or services and activity fees.' So, the question I have is then, would this, individuals who then go to the college right now, the sixty percent that have to be enrolled in remedial class, would those be the same remedial classes and would in fact we allow what they had to pay for before is now going to be essentially a transfer out of the K-12 system?”
Senator McAuliffe: “Senator, this a high school completion program designed to help the student demonstrate they have the skills and knowledge necessary to receive a diploma that today demands a certificate of academic achievement be obtained. That is what the high school completion program will be, this is not about taking community college courses. If they were to take a community college course at the same time they were under high school completion, they would have to pay for that themselves.”
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2582.
POINT OF ORDER
Senator Honeyford: “Is this amendment properly before us? It’s past cut off and this is a striking amendment."
REPLY BY THE PRESIDENT
President Owen: “Senator, the striking amendment has already been adopted. We are on final passage of Engrossed Second Substitute House Bill No. 2582. We are on final passage of the bill.”
POINT OF ORDER
Senator Honeyford: “Well, then is the bill properly before us as it was amended?”
MOTION
On motion of Senator Eide, further consideration of Engrossed Second Substitute House Bill No. 2582 was deferred and the bill held its place on the third reading calendar.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 2345,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2418,
SUBSTITUTE HOUSE BILL NO. 2553,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2575,
SUBSTITUTE HOUSE BILL NO. 2678,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2680,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 2, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6428, with the following amendments{s} 6428-S.E AMH SULB H5493.1.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that a convenient, safe, and environmentally sound system for the collection, transportation, and recycling of covered electronic products must be established. The legislature further finds that the system must encourage the design of electronic products that are less toxic and more recyclable. The legislature further finds that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the Washington materials management and financing authority created under section 29 of this act.
(2) "Authorized party" means a manufacturer who submits an individual independent plan or the entity authorized to submit an independent plan for more than one manufacturer.
(3) "Board" means the board of directors of the Washington materials management and financing authority created under section 30 of this act.
(4) "Collector" means an entity licensed to do business in the state that gathers unwanted covered electronic products from households, small businesses, school districts, small governments, and charities for the purpose of recycling and meets minimum standards that may be developed by the department.
(5) "Contract for services" means an instrument executed by the authority and one or more persons or entities that delineates collection, transportation, and recycling services, in whole or in part, that will be provided to the citizens of the state within service areas as described in the approved standard plan.
(6) "Covered electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally, a desktop computer, a laptop or a portable computer, or a cathode ray tube or flat panel television having a viewable area greater than four inches when measured diagonally that has been used in the state by any covered entity regardless of original point of purchase. "Covered electronic product" does not include: (a) A motor vehicle or replacement parts for use in motor vehicles or aircraft, or any computer, computer monitor, or television that is contained within, and is not separate from, the motor vehicle or aircraft; (b) monitoring and control instruments or systems; (c) medical devices; (d) products including materials intended for use as ingredients in those products as defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts; (e) equipment used in the delivery of patient care in a health care setting; (f) a computer, computer monitor, or television that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (g) hand-held portable voice or data devices used for commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).
(7) "Covered entity" means any household, charity, school district, small business, or small government located in Washington state.
(8) "Curbside service" means a collection service providing regularly scheduled pickup of covered electronic products from households or other covered entities in quantities generated from households.
(9) "Department" means the department of ecology.
(10) "Electronic product" includes a cathode ray tube or flat panel computer monitor having a viewable area greater than four inches when measured diagonally; a desktop computer; a laptop or a portable computer; or a cathode ray tube or flat screen television having a viewable area greater than four inches when measured diagonally.
(11) "Equivalent share" means the weight in pounds of covered electronic products identified for an individual manufacturer under this chapter as determined by the department under section 20 of this act.
(12) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling unit and appurtenant structures.
(13) "Independent plan" means a plan for the collection, transportation, and recycling of unwanted covered electronic products that is developed, implemented, and financed by an individual manufacturer or by an authorized party.
(14) "Manufacturer" means any person, in business or no longer in business but having a successor in interest, who, irrespective of the selling technique used, including by means of distance or remote sale:
(a) Manufactures or has manufactured a covered electronic product under its own brand names for sale in or into this state;
(b) Assembles or has assembled a covered electronic product that uses parts manufactured by others for sale in or into this state under the assembler's brand names;
(c) Resells or has resold in or into this state under its own brand names a covered electronic product produced by other suppliers, including retail establishments that sell covered electronic products under their own brand names;
(d) Manufactures or manufactured a cobranded product for sale in or into this state that carries the name of both the manufacturer and a retailer;
(e) Imports or has imported a covered electronic product into the United States that is sold in or into this state. However, if the imported covered electronic product is manufactured by any person with a presence in the United States meeting the criteria of manufacturer under (a) through (d) of this subsection, that person is the manufacturer. For purposes of this subsection, "presence" means any person that performs activities conducted under the standards established for interstate commerce under the commerce clause of the United States Constitution; or
(f) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in (e) of this subsection, and elects to register in lieu of the importer as the manufacturer for those products.
(15) "New entrant" means: (a) A manufacturer of televisions that have been sold in the state for less than ten years; or (b) a manufacturer of desktop computers, laptop and portable computers, or computer monitors that have been sold in the state for less than five years. However, a manufacturer of both televisions and computers or a manufacturer of both televisions and computer monitors that is deemed a new entrant under either only (a) or (b) of this subsection is not considered a new entrant for purposes of this chapter.
(16) "Orphan product" means a covered electronic product that lacks a manufacturer's brand or for which the manufacturer is no longer in business and has no successor in interest.
(17) "Plan's equivalent share" means the weight in pounds of covered electronic products for which a plan is responsible. A plan's equivalent share is equal to the sum of the equivalent shares of each manufacturer participating in that plan.
(18) "Plan's return share" means the sum of the return shares of each manufacturer participating in that plan.
(19) "Premium service" means services such as at-location system upgrade services provided to covered entities and at-home pickup services offered to households. "Premium service" does not include curbside service.
(20) "Processor" means an entity engaged in disassembling, dismantling, or shredding electronic products to recover materials contained in the electronic products and prepare those materials for reclaiming or reuse in new products in accordance with processing standards established by this chapter and by the department. A processor may also salvage parts to be used in new products.
(21) "Product type" means one of the following categories: Computer monitors; desktop computers; laptop and portable computers; and televisions.
(22) "Program" means the collection, transportation, and recycling activities conducted to implement an independent plan or the standard plan.
(23) "Program year" means each full calendar year after the program has been initiated.
(24) "Recycling" means transforming or remanufacturing unwanted electronic products, components, and byproducts into usable or marketable materials for use other than landfill disposal or incineration. "Recycling" does not include energy recovery or energy generation by means of combusting unwanted electronic products, components, and byproducts with or without other waste. Smelting of electronic materials to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery.
(25) "Retailer" means a person who offers covered electronic products for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.
(26) "Return share" means the percentage of covered electronic products by weight identified for an individual manufacturer, as determined by the department under section 19 of this act.
(27) "Reuse" means any operation by which an electronic product or a component of a covered electronic product changes ownership and is used for the same purpose for which it was originally purchased.
(28) "Small business" means a business employing less than fifty people.
(29) "Small government" means a city in the state with a population less than fifty thousand, a county in the state with a population less than one hundred twenty-five thousand, and special purpose districts in the state.
(30) "Standard plan" means the plan for the collection, transportation, and recycling of unwanted covered electronic products developed, implemented, and financed by the authority on behalf of manufacturers participating in the authority.
(31) "Transporter" means an entity that transports covered electronic products from collection sites or services to processors or other locations for the purpose of recycling, but does not include any entity or person that hauls their own unwanted electronic products.
(32) "Unwanted electronic product" means a covered electronic product that has been discarded or is intended to be discarded by its owner.
(33) "White box manufacturer" means a person who manufactured unbranded covered electronic products offered for sale in the state within ten years prior to a program year for televisions or within five years prior to a program year for desktop computers, laptop or portable computers, or computer monitors.
NEW SECTION. Sec. 3. (1) A manufacturer must participate in an independent plan or the standard plan to implement and finance the collection, transportation, and recycling of covered electronic products.
(2) An independent plan or the standard plan must be implemented and fully operational no later than January 1, 2009.
(3) The manufacturers participating in an approved plan are responsible for covering all administrative and operational costs associated with the collection, transportation, and recycling of their plan's equivalent share of covered electronic products. If costs are passed on to consumers, it must be done without any fees at the time the unwanted electronic product is delivered or collected for recycling. However, this does not prohibit collectors providing premium or curbside services from charging customers a fee for the additional collection cost of providing this service, when funding for collection provided by an independent plan or the standard plan does not fully cover the cost of that service.
(4) Nothing in this chapter changes or limits the authority of the Washington utilities and transportation commission to regulate collection of solid waste in the state of Washington, including curbside collection of residential recyclable materials, nor does this chapter change or limit the authority of a city or town to provide such service itself or by contract pursuant to RCW 81.77.020.
(5) Manufacturers are encouraged to collaborate with electronic product retailers, certificated waste haulers, processors, recyclers, charities, and local governments within the state in the development and implementation of their plans.
NEW SECTION. Sec. 4. (1) By January 1, 2007, and annually thereafter, each manufacturer must register with the department.
(2) A manufacturer must submit to the department with each registration or annual renewal a fee to cover the administrative costs of this chapter as determined by the department under section 23 of this act.
(3) The department shall review the registration or renewal application and notify the manufacturer if their registration does not meet the requirements of this section. Within thirty days of receipt of such a notification from the department, the manufacturer must file with the department a revised registration addressing the requirements noted by the department.
(4) The registration must include the following information:
(a) The name and contact information of the manufacturer submitting the registration;
(b) The manufacturer's brand names of covered electronic products, including all brand names sold in the state in the past, all brand names currently being sold in the state, and all brand names for which the manufacturer has legal responsibility under section 10 of this act;
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the standard plan or submitting an independent plan to the department for approval.
(5) The registrant shall submit any changes to the information provided in the registration to the department within fourteen days of such change.
(6) The department shall identify, using all reasonable means, manufacturers that are in business or that are no longer in business but that have a successor in interest by examining best available return share data and other pertinent data. The department shall notify manufacturers that have been identified and for whom an address has been found of the requirements of this chapter, including registration and plan requirements under this section and section 5 of this act.
NEW SECTION. Sec. 5. (1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.
(2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:
(a) Each independent plan represents at least a five percent return share of covered electronic products; and
(b) No manufacturer may participate in an independent plan if it is a new entrant or a white box manufacturer.
(3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.
(4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.
(5) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.
NEW SECTION. Sec. 6. (1) All initial independent plans and the initial standard plan required under section 5 of this act must be submitted to the department by February 1, 2008. The department shall review each independent plan and the standard plan.
(2) The authority submitting the standard plan and each authorized party submitting an independent plan to the department must pay a fee to the department to cover the costs of administering and implementing this chapter. The department shall set the fees as described under section 23 of this act.
(3) The fees in subsection (2) of this section apply to the initial plan submission and plan updates and revisions required in section 7 of this act.
(4) Within ninety days after receipt of a plan, the department shall determine whether the plan complies with this chapter. If the plan is approved, the department shall send a letter of approval. If a plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan within sixty days after receipt of the letter of disapproval.
(5) An independent plan and the standard plan must contain the following elements:
(a) Contact information for the authority or authorized party and a comprehensive list of all manufacturers participating in the plan and their contact information;
(b) A description of the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:
(i) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services;
(ii) Fairly compensate collectors for providing collection services; and
(iii) Fairly compensate processors for providing processing services;
(c) The method or methods for the reasonably convenient collection of all product types of covered electronic products in rural and urban areas throughout the state, including how the plan will provide for collection services in each county of the state and for a minimum of one collection site or alternate collection service for each city or town with a population greater than ten thousand. A collection site for a county may be the same as a collection site for a city or town in the county;
(d) A description of how the plan will provide service to small businesses, small governments, charities, and school districts in Washington;
(e) The processes and methods used to recycle covered electronic products including a description of the processing that will be used and the facility location;
(f) Documentation of audits of each processor used in the plan and compliance with processing standards established under sections 25 and 26 of this act;
(g) A description of the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share;
(h) A timeline describing startup, implementation, and progress towards milestones with anticipated results;
(i) A public information campaign to inform consumers about how to recycle their covered electronic products at the end of the product's life; and
(j) A description of how manufacturers participating in the plan will communicate and work with processors utilized by that plan to promote and encourage design of electronic products and their components for recycling.
(6) The standard plan shall address how it will incorporate and fairly compensate registered collectors providing curbside or premium services such that they are not compensated at a lower rate for collection costs than the compensation offered other collectors providing drop-off collection sites in that geographic area.
(7) All transporters, collectors, and processors used to fulfill the requirements of this section must be registered as described in section 24 of this act.
NEW SECTION. Sec. 7. (1) An independent plan and the standard plan must be updated at least every five years and as required in (a) and (b) of this subsection.
(a) If the program fails to provide service in each county in the state or meet other plan requirements, the authority or authorized party shall submit to the department within sixty days of failing to provide service an updated plan addressing how the program will be adjusted to meet the program geographic coverage and collection service requirements established in section 9 of this act.
(b) The authority or authorized party shall notify the department of any modification to the plan. If the department determines that the authority or authorized party has significantly modified the program described in the plan, the authority or authorized party shall submit a revised plan describing the changes to the department within sixty days of notification by the department.
(2) Within sixty days after receipt of a revised plan, the department shall determine whether the revised plan complies with this chapter. If the revised plan is approved, the department shall send a letter of approval. If the revised plan is rejected, the department shall provide the reasons for rejecting the plan to the authority or authorized party. The authority or authorized party must submit a new plan revision within sixty days after receipt of the letter of disapproval.
(3) The authority or authorized parties may buy and sell collected covered electronic products with other programs without submitting a plan revision for review.
NEW SECTION. Sec. 8. (1) A manufacturer participating in an independent plan may join the standard plan by notifying the authority and the department of its intention at least five months prior to the start of the next program year.
(2) Manufacturers may not change from one plan to another plan during a program year.
(3) A manufacturer participating in the standard plan wishing to implement or participate in an independent plan may do so by complying with rules adopted by the department under section 23 of this act.
NEW SECTION. Sec. 9. (1) A program must provide collection services for covered electronic products of all product types that are reasonably convenient and available to all citizens of the state residing within its geographic boundaries, including both rural and urban areas. Each program must provide collection service in every county of the state. A program may provide collection services jointly with another plan or plans.
(a) For any city or town with a population of greater than ten thousand, each program shall provide a minimum of one collection site or alternate collection service described in subsection (3) of this section or a combination of sites and alternate service that together provide at least one collection opportunity for all product types. A collection site for a county may be the same as a collection site for a city or town in the county.
(b) Collection sites may include electronics recyclers and repair shops, recyclers of other commodities, reuse organizations, charities, retailers, government recycling sites, or other suitable locations.
(c) Collection sites must be staffed, open to the public at a frequency adequate to meet the needs of the area being served, and on an on-going basis.
(2) A program may limit the number of covered electronic products or covered electronic products by product type accepted per customer per day or per delivery at a collection site or service. All covered entities may use a collection site as long as the covered entities adhere to any restrictions established in the plans.
(3) A program may provide collection services in forms different than collection sites, such as curbside services, if those alternate services provide equal or better convenience to citizens and equal or increased recovery of unwanted covered electronic products.
(4) For rural areas without commercial centers or areas with widely dispersed population, a program may provide collection at the nearest commercial centers or solid waste sites, collection events, mail-back systems, or a combination of these options.
(5) For small businesses, small governments, charities, and school districts that may have large quantities of covered electronic products that cannot be handled at collection sites or curbside services, a program may provide alternate services. At a minimum, a program must provide for processing of these large quantities of covered electronic products at no charge to the small businesses, small governments, charities, and school districts.
NEW SECTION. Sec. 10. Any person acquiring a manufacturer, or who has acquired a manufacturer, shall have all responsibility for the acquired company's covered electronic products, including covered electronic products manufactured prior to the effective date of this section, unless that responsibility remains with another entity per the purchase agreement and the acquiring manufacturer provides the department with a letter from the other entity accepting responsibility for the covered electronic products. Cobranding manufacturers may negotiate with retailers for responsibility for those products and must notify the department of the results of their negotiations.
NEW SECTION. Sec. 11. (1) An independent plan and the standard plan must implement and finance an auditable, statistically significant sampling of covered electronic products entering its program every program year. The information collected must include a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, the total weight of the sample by product type, and any additional information needed to assign return share.
(2) The sampling must be conducted in the presence of the department or a third-party organization approved by the department. The department may, at its discretion, audit the methodology and the results.
(3) After the fifth program year, the department may reassess the sampling required in this section. The department may adjust the frequency at which manufacturers must implement the sampling or may adjust the frequency at which manufacturers must provide certain information from the sampling. Prior to making any changes, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any such changes.
NEW SECTION. Sec. 12. (1) An independent plan and the standard plan must inform covered entities about where and how to reuse and recycle their covered electronic products at the end of the product's life, including providing a web site or a toll-free telephone number that gives information about the recycling program in sufficient detail to educate covered entities regarding how to return their covered electronic products for recycling.
(2) The department shall promote covered electronic product recycling by:
(a) Posting information describing where to recycle unwanted covered electronic products on its web site;
(b) Providing information about recycling covered electronic products through a toll-free telephone service; and
(c) Developing and providing artwork for use in flyers and signage to retailers upon request.
(3) Local governments shall promote covered electronic product recycling, including listings of local collection sites and services, through existing educational methods typically used by each local government.
(4) A retailer who sells new covered electronic products shall provide information to consumers describing where and how to recycle covered electronic products and opportunities and locations for the convenient collection or return of the products. This requirement can be fulfilled by providing the department's toll-free telephone number and web site. Remote sellers may include the information in a visible location on their web site as fulfillment of this requirement.
(5) Manufacturers, state government, local governments, retailers, and collection sites and services shall collaborate in the development and implementation of the public information campaign.
NEW SECTION. Sec. 13. (1) The electronic products recycling account is created in the custody of the state treasurer. All payments resulting from plans not reaching their equivalent share, as described in section 22 of this act, shall be deposited into the account. Any moneys collected for manufacturer registration fees, fees associated with reviewing and approving plans and plan revisions, and penalties levied under this chapter shall be deposited into the account.
(2) Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(3) Moneys in the account may be used solely by the department for the purposes of fulfilling department responsibilities specified in this chapter and for expenditures to the authority and authorized parties resulting from plans exceeding their equivalent share, as described in section 22 of this act. Funds in the account may not be diverted for any purpose or activity other than those specified in this section.
NEW SECTION. Sec. 14. (1) By March 1st of the second program year and each program year thereafter, the authority and each authorized party shall file with the department an annual report for the preceding program year.
(2) The annual report must include the following information:
(a) The total weight in pounds of covered electronic products collected and recycled, by county, during the preceding program year including documentation verifying collection and processing of that material. The total weight in pounds includes orphan products. The report must also indicate and document the weight in pounds received from each nonprofit charitable organization primarily engaged in the business of reuse and resale used by the plan. The report must document the weight in pounds that were received in large quantities from small businesses, small governments, charities and school districts as described in section 9(5) of this act;
(b) The collection services provided in each county and for each city with a population over ten thousand including a list of all collection sites and services operating in the state in the prior program year and the parties who operated them;
(c) A list of processors used, the weight of covered electronic products processed by each direct processor, and a description of the processes and methods used to recycle the covered electronic products including a description of the processing and facility locations. The report must also include a list of subcontractors who further processed or recycled unwanted covered electronic products, electronic components, or electronic scrap described in section 26(1) of this act, including facility locations;
(d) Other documentation as established under section 26(3) of this act;
(e) Educational and promotional efforts that were undertaken;
(f) The results of sampling and sorting as required in section 11 of this act, including a list of the brand names of covered electronic products by product type, the number of covered electronic products by product type, the weight of covered electronic products that are identified for each brand name or that lack a manufacturer's brand, and the total weight of the sample by product type;
(g) The list of manufacturers that are participating in the standard plan; and
(h) Any other information deemed necessary by the department.
(3) The department shall review each report within ninety days of its submission and shall notify the authority or authorized party of any need for additional information or documentation, or any deficiency in its program.
(4) All reports submitted to the department must be available to the general public through the internet. Proprietary information submitted to the department under this chapter is exempt from public disclosure under RCW 42.56.270.
NEW SECTION. Sec. 15. Nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale and that are used by a plan to collect covered electronic products shall file a report with the department by March 1st of the second program year and each program year thereafter. The report must indicate and document the weight of covered electronic products sent for recycling during the previous program year attributed to each plan that the charitable organization is participating in.
NEW SECTION. Sec. 16. (1) Beginning January 1, 2007, no person may sell or offer for sale an electronic product to any person in the state unless the electronic product is labeled with the manufacturer's brand. The label must be permanently affixed and readily visible.
(2) In-state retailers in possession of unlabeled products on January 1, 2007, may exhaust their stock through sales to the public.
NEW SECTION. Sec. 17. No person may sell or offer for sale a covered electronic product to any person in this state unless the manufacturer of the covered electronic product has filed a registration with the department under section 4 of this act and is participating in an approved plan under section 5 of this act. A person that sells or offers for sale a covered electronic product in the state shall consult the department's web site for lists of manufacturers with registrations and approved plans prior to selling a covered electronic product in the state. A person is considered to have complied with this section if on the date the product was ordered from the manufacturer or its agent, the manufacturer was listed as having registered and having an approved plan on the department's web site.
NEW SECTION. Sec. 18. (1) The department shall maintain on its web site the following information:
(a) The names of the manufacturers and the manufacturer's brands that are registered with the department under section 4 of this act;
(b) The names of the manufacturers and the manufacturer's brands that are participating in an approved plan under section 5 of this act;
(c) The names and addresses of the collectors and transporters that are listed in registrations filed with the department under section 24 of this act;
(d) The names and addresses of the processors used to fulfill the requirements of the plans;
(e) Return and equivalent shares for all manufacturers.
(2) The department shall update this web site information promptly upon receipt of a registration or a report.
NEW SECTION. Sec. 19. (1) The department shall determine the return share for each manufacturer in the standard plan or an independent plan by dividing the weight of covered electronic products identified for each manufacturer by the total weight of covered electronic products identified for all manufacturers in the standard plan or an independent plan, then multiplying the quotient by one hundred.
(2) For the first program year, the department shall determine the return share for such manufacturers using all reasonable means and based on best available information regarding return share data from other states and other pertinent data.
(3) For the second and each subsequent program year, the department shall determine the return share for such manufacturers using all reasonable means and based on the most recent sampling of covered electronic products conducted in the state under section 11 of this act.
NEW SECTION. Sec. 20. (1) The department shall determine the total equivalent share for each manufacturer in the standard plan or an independent plan by dividing the return share percentage for each manufacturer by one hundred, then multiplying the quotient by the total weight in pounds of covered electronic products collected for that program year, allowing as needed for the additional credit authorized in subsection (3) of this section.
(2)(a) By June 1st of each program year, the department shall notify each manufacturer of the manufacturer's equivalent share of covered electronic products to be applied to the previous program year. The department shall also notify each manufacturer of how its equivalent share was determined.
(b) By June 1st of each program year, the department shall bill any authorized party or authority that has not attained its plan's equivalent share as determined under section 22 of this act. The authorized party or authority shall remit payment to the department within sixty days from the billing date.
(c) By September 1st of each program year, the department shall pay any authorized party or authority that exceeded its plan's equivalent share.
(3) Plans that utilize the collection services of nonprofit charitable organizations that qualify for a taxation exemption under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) that are primarily engaged in the business of reuse and resale must be given an additional five percent credit to be applied toward a plan's equivalent share for pounds that are received for recycling from those organizations. The department may adjust the percentage of credit annually.
NEW SECTION. Sec. 21. (1) By June 1, 2007, the department shall notify each manufacturer of its preliminary return share of covered electronic products for the first program year.
(2) Preliminary return share of covered electronic products must be announced annually by June 1st of each program year for the next program year.
(3) Manufacturers may challenge the preliminary return share by written petition to the department. The petition must be received by the department within thirty days of the date of publication of the preliminary return shares.
(4) The petition must contain a detailed explanation of the grounds for the challenge, an alternative calculation, and the basis for such a calculation, documentary evidence supporting the challenge, and complete contact information for requests for additional information or clarification.
(5) Sixty days after the publication of the preliminary return share, the department shall make a final decision on return share, having fully taken into consideration any and all challenges to its preliminary calculations.
(6) A written record of challenges received and a summary of the bases for the challenges, as well as the department's response, must be published at the same time as the publication of the final return share.
(7) By August 1, 2007, the department shall publish the final return shares for the first program year. By August 1st of each program year, the department shall publish the final return shares for use in the coming program year.
NEW SECTION. Sec. 22. (1) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is less than the plan's equivalent share of covered electronic products for that year, then the authority or authorized party shall submit to the department a payment equal to the weight in pounds of the deficit multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products and an administrative fee. Moneys collected by the department must be deposited in the electronic products recycling account.
(2) For an independent plan and the standard plan, if the total weight in pounds of covered electronic products collected during a program year is more than the plan's equivalent share of covered electronic products for that year, then the department shall submit to the authority or authorized party, a payment equal to the weight in pounds of the surplus multiplied by the reasonable collection, transportation, and recycling cost for covered electronic products.
(3) For purposes of this section, the initial reasonable collection, transportation, and recycling cost for covered electronic products is forty-five cents per pound and the administrative fee is five cents per pound.
(4) The department may annually adjust the reasonable collection, transportation, and recycling cost for covered electronic products and the administrative fee described in this section. Prior to making any changes in the fees described in this section, the department shall notify the public, including all registered manufacturers, and provide a comment period. The department shall notify all registered manufacturers of any changes to the reasonable collection, transportation, and recycling cost or the administrative fee by January 1st of the program year in which the change is to take place.
NEW SECTION. Sec. 23. (1) The department shall adopt rules to determine the process for manufacturers to change plans under section 8 of this act.
(2) The department shall establish annual registration and plan review fees for administering this chapter. An initial fee schedule must be established by rule and be adjusted no more often than once every two years. All fees charged must be based on factors relating to administering this chapter and be based on a sliding scale that is representative of annual sales of covered electronic products in the state. Fees must be established in amounts to fully recover and not to exceed expenses incurred by the department to implement this chapter.
(3) The department shall establish an annual process for local governments and local communities to report their satisfaction with the services provided by plans under this chapter. This information must be used by the department in reviewing plan updates and revisions.
(4) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
NEW SECTION. Sec. 24. (1) Each collector and transporter of covered electronic products in the state must register annually with the department. The registration must include all identification requirements for licensure in the state and the geographic area of the state that they serve. The department shall develop a single form for registration of both collectors and transporters.
(2) Each processor of covered electronic products utilized by an independent or standard plan must register annually with the department. The registration must include identification information and documentation of any necessary operating permits issued by state or local authorities.
NEW SECTION. Sec. 25. (1) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements of their respective standard plan or independent plan has provided the authority or the authorized party a written statement that the processor will comply with the requirements of this section and section 26 of this act.
(2) The department shall establish by rule performance standards for environmentally sound management for processors directly used to fulfill the requirements of an independent plan or the standard plan. Performance standards may include financial assurance to ensure proper closure of facilities consistent with environmental standards.
(3) The department shall establish by rule guidelines regarding nonrecycled residual that may be properly disposed after covered electronic products have been processed.
(4) The department may audit processors that are utilized to fulfill the requirements of an independent plan or the standard plan.
(5) No plan or program required under this chapter may include the use of federal or state prison labor for processing.
NEW SECTION. Sec. 26. (1) The international export of any unwanted covered electronic products or electronic components or electronic scrap derived from such products destined for disposal or recycling that are capable of leaching lead, cadmium, mercury, hexavalent chromium, or selenium or selenium compounds in concentrations above the limits listed in 40 C.F.R. Sec. 261.24 as of the effective date of this section are prohibited except for exports to:
(a) Countries that are members of the organization for economic cooperation and development;
(b) Countries that are members of the European Union; or
(c) Countries that have entered into an agreement with the United States that allows for such exports.
(2) Any unwanted electronic products or electronic components derived from such products that are capable of leaching lead, cadmium, mercury, hexavalent chromium, or selenium or selenium compounds in concentrations exceeding the levels established in 40 C.F.R. Sec. 261.24 as of the effective date of this section and exported to countries that are not members of the organization for economic cooperation and development or the European Union or with whom the United States has not entered into an agreement for such export for reuse, must be tested and labeled as fully functional or needing only repairs that do not result in the replacement of components capable of leaching these substances in concentrations exceeding the levels established in 40 C.F.R. Sec. 261.24 as of the effective date of this section.
(3) The department shall establish rules to implement this section, including any requirements necessary to ensure that full compliance is adequately documented.
NEW SECTION. Sec. 27. (1) No manufacturer may sell or offer for sale a covered electronic product in or into the state unless the manufacturer of the covered electronic product is participating in an approved plan. The department shall send a written warning to a manufacturer that does not have an approved plan or is not participating in an approved plan as required under section 5 of this act. The written warning must inform the manufacturer that it must participate in an approved plan within thirty days of the notice. Any violation after the initial written warning shall be assessed a penalty of up to ten thousand dollars for each violation.
(2) If the authority or any authorized party fails to implement their approved plan, the department must assess a penalty of up to five thousand dollars for the first violation along with notification that the authority or authorized party must implement its plan within thirty days of the violation. After thirty days, the authority or any authorized party failing to implement their approved plan must be assessed a penalty of up to ten thousand dollars for the second and each subsequent violation.
(3) Any person that does not comply with manufacturer registration requirements under section 4 of this act, education and outreach requirements under section 12 of this act, reporting requirements under section 14 of this act, labeling requirements under section 16 of this act, retailer responsibility requirements under section 17 of this act, collector or transporter registration requirements under section 24 of this act, or requirements under sections 25 and 26 of this act, must first receive a written warning including a copy of the requirements under this chapter and thirty days to correct the violation. After thirty days, a person must be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation.
(4) All penalties levied under this section must be deposited into the electronic products recycling account created under section 13 of this act.
(5) The department shall enforce this section.
NEW SECTION. Sec. 28. (1) By December 31, 2012, the department shall provide a report to the appropriate committees of the legislature that includes the following information:
(a) For each of the preceding program years, the weight of covered electronic products recycled in the state by plan, by county, and in total;
(b) The performance of each plan in meeting its equivalent share, and payments received from and disbursed to each plan from the electronic products recycling account;
(c) A description of the various collection programs used to collect covered electronic products in the state;
(d) An evaluation of how the pounds per capita recycled of covered electronic products in the state compares to programs in other states;
(e) Comments received from local governments and local communities regarding satisfaction with the program, including accessibility and convenience of services provided by the plans;
(f) Recommendations on how to improve the statewide collection, transportation, and recycling system for convenient, safe, and environmentally sound recycling of electronic products; and
(g) An analysis of whether and in what amounts unwanted electronic products and electronic components and electronic scrap exported from Washington have been exported to countries that are not members of the organization for economic cooperation and development or the European union, and recommendations for addressing such exports.
(2) By April 1, 2010, the department shall provide a report to the appropriate committees of the legislature regarding the amount of orphan products collected as a percent of the total amount of covered electronic products collected. If the orphan products collected exceed ten percent of the total amount of covered electronic products collected, the department shall report to the appropriate committees of the legislature within ninety days describing the orphan products collected and include recommendations for decreasing the amount of orphan products or alternative methods for financing the collection, transportation, and recycling of orphan products.
NEW SECTION. Sec. 29. (1) The Washington materials management and financing authority is established as a public body corporate and politic, constituting an instrumentality of the state of Washington exercising essential governmental functions.
(2) The authority shall plan and implement a collection, transportation, and recycling program for manufacturers that have registered with the department their intent to participate in the standard program as required under section 4 of this act.
(3) Membership in the authority is comprised of registered participating manufacturers. Any registered manufacturer who does not qualify or is not approved to submit an independent plan, or whose independent plan has not been approved by the department, is a member of the authority. All new entrants and white box manufacturers are also members of the authority.
(4) The authority shall act as a business management organization on behalf of the citizens of the state to manage financial resources and contract for services for collection, transportation, and recycling of covered electronic products.
(5) The authority's standard plan is responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
(6) The authority shall accept into the standard program covered electronic products from any registered collector who meets the requirements of this chapter. The authority shall compensate registered collectors for the reasonable costs associated with collection, but is not required to compensate nor restricted from compensating the additional collection costs resulting from the additional convenience offered to customers through premium and curbside services.
(7) The authority shall accept and utilize in the standard program any registered processor meeting the requirements of this chapter and any requirements described in the authority's operating plan or through contractual arrangements. Processors utilized by the standard plan shall provide documentation to the authority at least annually regarding how they are meeting the requirements in sections 25 and 26 of this act, including enough detail to allow the standard plan to meet its reporting requirements in section 14(2) (c) and (d), and must submit to audits conducted by or for the authority. The authority shall compensate such processors for the reasonable costs, as determined by the authority, associated with processing unwanted electronic products. Such processors must demonstrate that the unwanted electronic products have been received from registered collectors or transporters, and provide other documentation as may be required by the authority.
(8) Except as specifically allowed in this chapter, the authority shall operate without using state funds or lending the credit of the state or local governments.
(9) The authority shall develop innovative approaches to improve materials management efficiency in order to ensure and increase the use of secondary material resources within the economy.
NEW SECTION. Sec. 30. (1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of the department. Five board positions are reserved for representatives of the top ten brand owners by return share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling their own private label. The return share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by January 1, 2007.
(b) The board must have representation from both television and computer manufacturers.
(2) The board shall select from its membership the chair of the board and such other officers as it deems appropriate.
(3) A majority of the board constitutes a quorum.
(4) The directors of the department of community, trade, and economic development and the department of ecology, and the state treasurer serve as ex officio members. The state agency directors and the state treasurer serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority. Ex officio designations must be made in writing and communicated to the authority director.
(5) The board shall create its own bylaws in accordance with the laws of the state of Washington.
(6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.
(7) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter.
NEW SECTION. Sec. 31. (1) Manufacturers participating in the standard plan shall pay the authority to cover all administrative and operational costs associated with the collection, transportation, and recycling of covered electronic products within the state of Washington incurred by the standard program operated by the authority to meet the standard plan's equivalent share obligation as described in section 29(5) of this act.
(2) The authority shall assess charges on each manufacturer participating in the standard plan and collect funds from each participating manufacturer for the manufacturer's portion of the costs in subsection (1) of this section. Such apportionment shall be based on return share, market share, any combination of return share and market share, or any other equitable method. The authority's apportionment of costs to manufacturers participating in the standard plan may not include nor be based on electronic products imported through the state and subsequently exported outside the state. Charges assessed under this section must not be formulated in such a way as to create incentives to divert imported electronic products to ports or distribution centers in other states. The authority shall adjust the charges to manufacturers participating in the standard plan as necessary in order to ensure that all costs associated with the identified activities are covered.
(3) The authority may require financial assurances or performance bonds for manufacturers participating in the standard plan, including but not limited to new entrants and white box manufacturers, when determining equitable methods for apportioning costs to ensure that the long-term costs for collecting, transporting, and recycling of a covered electronic product are borne by the appropriate manufacturer in the event that the manufacturer ceases to participate in the program.
(4) Nothing in this section authorizes the authority to assess fees or levy taxes directly on the sale or possession of electronic products.
(5) If a manufacturer has not met its financial obligations as determined by the authority under this section, the authority shall notify the department that the manufacturer is no longer participating in the standard plan.
(6) The authority shall submit its plan for assessing charges and apportioning cost on manufacturers participating in the standard plan to the department for review and approval along with the standard plan as provided in section 6 of this act.
(7)(a) Any manufacturer participating in the standard plan may appeal an assessment of charges or apportionment of costs levied by the authority under this section by written petition to the director of the department. The director of the department or the director's designee shall review all appeals within timelines established by the department and shall reverse any assessments of charges or apportionment of costs if the director finds that the authority's assessments or apportionment of costs was an arbitrary administrative decision, an abuse of administrative discretion, or is not an equitable assessment or apportionment of costs. The director shall make a fair and impartial decision based on sound data. If the director of the department reverses an assessment of charges, the authority must redetermine the assessment or apportionment of costs.
(b) Disputes regarding a final decision made by the director or director's designee may be challenged through arbitration. The director shall appoint one member to serve on the arbitration panel and the challenging party shall appoint one other. These two persons shall choose a third person to serve. If the two persons cannot agree on a third person, the presiding judge of the Thurston county superior court shall choose a third person. The decision of the arbitration panel shall be final and binding, subject to review by the superior court solely upon the question of whether the decision of the panel was arbitrary or capricious.
NEW SECTION. Sec. 32. (1) The authority shall use any funds legally available to it for any purpose specifically authorized by this chapter to:
(a) Contract and pay for collecting, transporting, and recycling of covered electronic products and education and other services as identified in the standard plan;
(b) Pay for the expenses of the authority including, but not limited to, salaries, benefits, operating costs and consumable supplies, equipment, office space, and other expenses related to the costs associated with operating the authority;
(c) Pay into the electronic products recycling account amounts billed by the department to the authority for any deficit in reaching the standard plan's equivalent share as required under section 22 of this act; and
(d) Pay the department for the fees for submitting the standard plan and any plan revisions.
(2) If practicable, the authority shall avoid creating new infrastructure already available through private industry in the state.
(3) The authority may not receive an appropriation of state funds, other than:
(a) Funds that may be provided as a one-time loan to cover administrative costs associated with start up of the authority, such as electing the board of directors and conducting the public hearing for the operating plan, provided that no appropriated funds may be used to pay for collection, transportation, or recycling services; and
(b) Funds received from the department from the electronic products recycling account for exceeding the standard plan's equivalent share.
(4) The authority may receive additional sources of funding that do not obligate the state to secure debt.
(5) All funds collected by the authority under this chapter, including interest, dividends, and other profits, are and must remain under the complete control of the authority and its board of directors, be fully available to achieve the intent of this chapter, and be used for the sole purpose of achieving the intent of this chapter.
NEW SECTION. Sec. 33. (1) The board shall adopt a general operating plan of procedures for the authority. The board shall also adopt operating procedures for collecting funds from participating covered electronic manufacturers and for providing funding for contracted services. These operating procedures must be adopted by resolution prior to the authority operating the applicable programs.
(2) The general operating plan must include, but is not limited to: (a) Appropriate minimum reserve requirements to secure the authority's financial stability; (b) appropriate standards for contracting for services; and (c) standards for service.
(3) The board shall conduct at least one public hearing on the general operating plan prior to its adoption. The authority shall provide and make public a written response to all comments received by the public.
(4) The general operating plan must be adopted by resolution of the board. The board may periodically update the general operating plan as necessary, but must update the plan no less than once every four years. The general operating plan or updated plan must include a report on authority activities conducted since the commencement of authority operation or since the last reported general operating plan, whichever is more recent, including a statement of results achieved under the purposes of this chapter and the general operating plan. Upon adoption, the authority shall conduct its programs in observance of the objectives established in the general operating plan.
NEW SECTION. Sec. 34. (1) The authority shall employ a chief executive officer, appointed by the board, and a chief financial officer, as well as professional, technical, and support staff, appointed by the chief executive officer, necessary to carry out its duties.
(2) Employees of the authority are not classified employees of the state. Employees of the authority are exempt from state service rules and may receive compensation only from the authority at rates competitive with state service.
(3) The authority may retain its own legal counsel.
(4) The departments of ecology and community, trade, and economic development shall provide staff to assist in the creation of the authority. If requested by the authority, the departments of ecology and community, trade, and economic development shall also provide start-up support staff to the authority for its first twelve months of operation, or part thereof, to assist in the quick establishment of the authority. Staff expenses must be paid through funds collected by the authority and must be reimbursed to the departments from the authority's financial resources within the first twenty-four months of operation.
(5) In addition to accomplishing the activities specifically authorized in this chapter, the authority may:
(a) Maintain an office or offices;
(b) Make and execute all manner of contracts, agreements, and instruments and financing documents with public and private parties as the authority deems necessary, useful, or convenient to accomplish its purposes;
(c) Make expenditures as appropriate for paying the administrative costs and expenses of the authority in carrying out the provisions of this chapter;
(d) Give assistance to private and public bodies contracted to provide collection, transportation, and recycling services by providing information, guidelines, forms, and procedures for implementing their programs;
(e) Delegate, through contract, any of its powers and duties if consistent with the purposes of this chapter; and
(f) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and exercise the powers expressly granted in this chapter.
NEW SECTION. Sec. 35. This chapter is void if a federal law, or a combination of federal laws, takes effect that establishes a national program for the collection and recycling of covered electronic products that substantially meets the intent of this chapter, including the creation of a financing mechanism for collection, transportation, and recycling of all covered electronic products from households, small businesses, school districts, small governments, and charities in the United States.
NEW SECTION. Sec. 36. A new section is added to chapter 43.19 RCW to read as follows:
(1) The department of general administration shall establish purchasing and procurement policies that establish a preference for electronic products that meet environmental performance standards relating to the reduction or elimination of hazardous materials.
(2) The department of general administration shall ensure that their surplus electronic products, other than those sold individually to private citizens, are managed only by registered transporters and by processors meeting the requirements of sections 25 and 26 of this act.
(3) The department of general administration shall ensure that their surplus electronic products are directed to legal secondary materials markets by requiring a chain of custody record that documents to whom the products were initially delivered through to the end use manufacturer.
Sec. 37. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:
The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;
(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;
(10) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license;
(11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; ((and))
(12)(a) When supplied to and in the records of the department of community, trade, and economic development:
(i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and
(ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;
(b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and
(13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.-- RCW (sections 1 through 35 of this act) to implement chapter 70.-- RCW (sections 1 through 35 of this act).
NEW SECTION. Sec. 38. This act must be liberally construed to carry out its purposes and objectives.
NEW SECTION. Sec. 39. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 40. This act takes effect July 1, 2006.
NEW SECTION. Sec. 41. Sections 1 through 35 of this act constitute a new chapter in Title 70 RCW."
On page 1, line 2 of the title, after "opportunities;" strike the remainder of the title and insert "amending RCW 42.56.270; adding a new section to chapter 43.19 RCW; adding a new chapter to Title 70 RCW; creating a new section; prescribing penalties; and providing an effective date."
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Pridemore moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6428.
Senator Pridemore spoke in favor of the motion.
Senators Zarelli, Parlette and Morton spoke against the motion.
MOTION
The President declared the question before the Senate to be the motion by Senator Pridemore that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6428.
Senator Zarelli demanded a division.
The motion by Senator Pridemore carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6428 by a rising vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6428, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6428, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 38
Voting nay: Senators Deccio, Hewitt, Honeyford, McCaslin, Morton, Mulliken, Oke, Pflug, Schoesler, Stevens and Zarelli - 11
SENATE BILL NO. 6428, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 1, 2006
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6508, with the following amendments{s} 6508-S.E AMH .... AMH5473.3.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that it is in the public interest to establish a market for alternative fuels in Washington. By requiring a growing percentage of our fuel supply to be renewable biofuel that meets appropriate fuel quality standards, we will reduce our dependence on imports of foreign oil, improve the health and quality of life for Washingtonians, and stimulate the creation of a new industry in Washington that benefits our farmers and rural communities. The legislature finds that it is in the public interest for the state to play a central role in spurring the market by purchasing an increasing amount of alternative fuels produced in Washington. The legislature finds that we must act now and that the time available before the requirements of this act take effect is sufficient for feedstock and fuel providers to prepare for successful implementation.
The legislature intends for consumers to have a choice of fuels and to encourage and promote the development, availability, and use of a diversity of renewable fuels and fuel blends ranging from fuels composed of no renewable content to completely renewable fuels.
NEW SECTION. Sec. 2 A new section is added to chapter 19.112 RCW to read as follows:
(1) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees, dyed special fuel users, and special fuel distributors, shall provide evidence to the department of licensing that at least two percent of the total annual diesel fuel sold in Washington is biodiesel fuel, following the earlier of: (a) November 30, 2008; or (b) when a determination is made by the director, published in the Washington State Register, that feedstock grown in Washington state can satisfy a two-percent requirement.
(2) Special fuel licensees under chapter 82.38 RCW, other than international fuel tax agreement licensees, dyed special fuel users, and special fuel distributors, shall provide evidence to the department of licensing that at least five percent of total annual diesel fuel sold in Washington is biodiesel fuel, when the director determines, and publishes this determination in the Washington State Register, that both in-state oil seed crushing capacity and feedstock grown in Washington state can satisfy a three-percent requirement.
(3) The requirements of subsections (1) and (2) of this section shall take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register.
(4) The director and the director of licensing shall each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section.
NEW SECTION. Sec. 3 A new section is added to chapter 19.112 RCW to read as follows:
(1) By December 1, 2008, motor vehicle fuel licensees under chapter 82.36 RCW, other than motor vehicle fuel distributors, shall provide evidence to the department of licensing that at least two percent of total gasoline sold in Washington, measured on a quarterly basis, is denatured ethanol.
(2) If the director of ecology determines that ethanol content greater than two percent of the total gasoline sold in Washington will not jeopardize continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution in Washington and the director of agriculture determines and publishes this determination in the Washington State Register that sufficient raw materials are available within Washington to support economical production of ethanol at higher levels, the director of agriculture may require by rule that licensees provide evidence to the department of licensing that denatured ethanol comprises between two percent and at least ten percent of total gasoline sold in Washington, measured on a quarterly basis.
(3) The requirements of subsections (1) and (2) of this section shall take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register.
(4) The director and the director of licensing shall each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section.
(5) Nothing in this section is intended to prohibit the production, sale, or use of motor fuel for use in federally designated flexibly fueled vehicles capable of using up to eighty-five percent ethanol fuel blends. Nothing in this section is intended to limit the use of high octane gasoline not blended with ethanol for use in aircraft.
NEW SECTION. Sec. 4 A new section is added to chapter 19.112 RCW to read as follows:
The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by section 2 or 3 of this act, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees.
Sec. 5 RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:
The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;
(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;
(10) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license;
(11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; ((and))
(12)(a) When supplied to and in the records of the department of community, trade, and economic development:
(i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and
(ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;
(b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter; and
(13) Financial and commercial information provided as evidence to the department of licensing as required by section 2 or 3 of this act, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees.
Sec. 6 RCW 19.112.060 and 1990 c 102 s 7 are each amended to read as follows:
(1)(a) Any person who knowingly violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
(b) The director shall assess a civil penalty ranging from one hundred dollars to ten thousand dollars per occurrence, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, and the history of previous violations. Civil penalties collected under this chapter shall be deposited into the motor vehicle fund.
(2) The penalties in subsection (1)(a) of this section do not apply to violations of sections 2 and 3 of this act.
NEW SECTION. Sec. 7 A new section is added to chapter 19.112 RCW to read as follows:
(1) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements, amendments, or revisions thereof, all or part of the standards set forth in the National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality rules, and any supplements, amendments, or revisions thereof, together with applicable federal environmental protection agency standards. The rules shall provide that the biodiesel refiner is responsible for meeting the ASTM standards required by this act when providing biodiesel fuel into the distribution system. If a conflict exists between federal environmental protection agency standards, ASTM standards, or NIST standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM and NIST standards. The department of agriculture shall not exceed ASTM standards for diesel.
(2) The rules adopted under subsection (1) of this section shall be updated to provide for fuel stability standards when national or international fuel stability standards have been adopted.
Sec. 8 RCW 19.112.020 and 1990 c 102 s 3 are each amended to read as follows:
(1) This chapter shall be administered by the director or his or her authorized agent. For the purpose of administering this chapter, for motor fuel except biodiesel fuel, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted, together with applicable federal environmental protection agency standards. If a conflict exists between federal environmental protection agency standards, ASTM standards, or state standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM standards. Any state standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not in conflict with federal environmental protection agency standards.
(2) The director may establish a fuel testing laboratory or may contract with a laboratory for testing. The director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. The director shall require fuel pumps offering biodiesel and ethanol blends to be identified by a label stating the percentage of biodiesel or ethanol.
(3) The rules adopted under section 7 of this act shall also provide that the diesel refiner is responsible for meeting the ASTM standards required by this act when providing diesel fuel into the distribution system.
NEW SECTION. Sec. 9 A new section is added to chapter 19.112 RCW to read as follows:
The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation, including the potential for credit trading, compliance and enforcement provisions, and tracking and reporting requirements; and how the use of renewable fuel blends greater than two percent and renewable fuels other than biodiesel or ethanol could achieve the goals of chapter ..., Laws of 2006 (this act). In addition, the committee shall make recommendations to the legislature and governor on the potential to use alternatives to biodiesel, which are produced from nonpetroleum renewable sources (inclusive of vegetable oils and animal fats), to meet the minimum renewable fuel content requirement. The director shall make recommendations to the legislature and the governor on the implementation or suspension of chapter . . ., Laws of 2006 (this act) by September 1, 2007.
Sec. 10 RCW 43.19.642 and 2003 c 17 s 2 are each amended to read as follows:
(1) All state agencies are encouraged to use a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel for use in diesel-powered vehicles and equipment.
(2) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent.
(3) Effective June 1, 2009, state agencies are required to use a minimum of twenty percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel-powered vessels, vehicles, and construction equipment.
(4) All state agencies using biodiesel fuel shall, beginning on July 1, 2006, file quarterly reports with the department of general administration documenting the use of the fuel and a description of how any problems encountered were resolved.
NEW SECTION. Sec. 11 A new section is added to chapter 19.112 RCW to read as follows:
The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in section 2 or 3 of this act, or RCW 43.19.642, based on a determination that such requirements are temporarily technically or economically infeasible, or pose a significant risk to public safety.
NEW SECTION. Sec. 12 A new section is added to chapter 43.19 RCW to read as follows:
(1) The department of general administration must assist state agencies seeking to meet the biodiesel fuel requirements in RCW 43.19.642 by coordinating the purchase and delivery of biodiesel if requested by any state agency. The department may use long-term contracts of up to ten years, when purchasing from in-state suppliers who use predominantly in-state feedstock, to secure a sufficient and stable supply of biodiesel for use by state agencies.
(2) The department shall compile and analyze the reports submitted under RCW 43.19.642(4) and report in an electronic format its findings and recommendations to the governor and committees of the legislature with responsibility for energy issues, within sixty days from the end of each reporting period. The governor shall consider these reports in determining whether to temporarily suspend minimum renewable fuel content requirements as authorized under section 11 of this act.
NEW SECTION. Sec. 13 A new section is added to chapter 19.112 RCW to read as follows:
(1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock.
(2) By November 30, 2008, the director shall determine whether the state's gasoline fuel supply is comprised of at least twenty percent ethanol made predominantly from Washington feedstock, without jeopardizing continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution.
(3) By December 1, 2008, the director shall notify the governor and the legislature of the findings in subsections (1) and (2) of this section.
(4) If the findings from the director indicate that the goals of subsection (1) or (2) of this section, or both, have been achieved, then the governor shall issue an executive order declaring that section 2 or 3 of this act, or both, are no longer applicable.
NEW SECTION. Sec. 14 A new section is added to chapter 19.112 RCW to read as follows:
(1) If either or both of the goals in section 13 of this act are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as those goals, or either of them, is met.
(2) The director shall report to the governor and the legislature regarding the goals in section 13 of this act by November 30th of the year in which a goal is met.
(3) Following notification under this section that a goal has been met, the governor shall prepare executive request legislation repealing section 2 or 3 of this act, or both, as applicable.
Sec. 15 RCW 19.112.010 and 1991 c 145 s 1 are each amended to read as follows:
((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the federal environmental protection agency and standards established by the American society of testing and materials.
(2) "Diesel" means special fuel as defined in RCW 82.38.020, and diesel fuel dyed in accordance with the regulations in 26 C.F.R. Sec. 48.4082-1T as of October 24, 2005.
(3) "Director" means the director of agriculture.
(4) "Motor fuel" means any liquid product used for the generation of power in an internal combustion engine used for the propulsion of a motor vehicle upon the highways of this state, and any biodiesel fuel. Motor fuels containing ethanol may be marketed if either (a) the base motor fuel meets the applicable standards before the addition of the ethanol or (b) the resultant blend meets the applicable standards after the addition of the ethanol.
(((2) "Director" means the director of agriculture.))
NEW SECTION. Sec. 16 This act takes effect July 1, 2006.
NEW SECTION. Sec. 17 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.
RICHARD NAFZIGER, Chief Clerk
MOTION
Senator Rasmussen moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6508.
Senator Rasmussen spoke in favor of the motion.
Senator Schoesler spoke against the motion.
A division was demanded.
MOTION
The President declared the question before the Senate to be the motion by Senator Rasmussen that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6508.
The motion by Senator Rasmussen carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6508 by a rising vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6508, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6508, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Berkey, Brown, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 29
Voting nay: Senators Benson, Brandland, Carrell, Delvin, Haugen, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 19
Absent: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 6508, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 4:33 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
EVENING SESSION
The Senate was called to order at 6:39 p.m. by President Owen.
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SENATE BILL NO. 5048,
ENGROSSED SENATE BILL NO. 5232,
SUBSTITUTE SENATE BILL NO. 6161,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6802,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6870,
ENGROSSED SENATE JOINT MEMORIAL NO. 8019,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Brandland, Senators Parlette, Stevens Pflug, Oke, Delvin, Johnson and Mulliken were excused.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2466, by Representatives Lovick, McCoy, Conway, Haler, Sells, Morris, Dunshee, Ericks, Morrell, O'Brien and Green
Providing excise tax relief for aerospace businesses.
The measure was read the second time.
MOTION
Senator Shin moved that the following committee striking amendment by the Committee on Ways & Means be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to sales of computer hardware, computer peripherals, or software, not otherwise eligible for exemption under RCW 82.08.02565 or 82.08.975, used primarily in the development, design, and engineering of commercial airplanes or components of such airplanes, or to sales of or charges made for labor and services rendered in respect to installing the computer hardware, computer peripherals, or software. The exemption is available only when the buyer provides the seller with an exemption certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the seller's files.
(2) As used in this section:
(a) "Commercial airplane" and "component" have the meanings in RCW 82.32.550.
(b) "Peripherals" includes keyboards, monitors, mouse devices, and other accessories that operate outside of the computer, excluding cables, conduit, wiring, and other similar property.
(3) This section expires July 1, 2024.
NEW SECTION. Sec. 2. A new section is added to chapter 82.12 RCW to read as follows:
(1) The provisions of this chapter do not apply in respect to the use of computer hardware, computer peripherals, or software, not otherwise eligible for exemption under RCW 82.12.02565 or 82.12.975, used primarily in the development, design, and engineering of commercial airplanes or components of such airplanes, or to the use of labor and services rendered in respect to installing the computer hardware, computer peripherals, or software.
(2) As used in this section:
(a) "Commercial airplane" and "component" have the meanings in RCW 82.32.550.
(b) "Peripherals" includes keyboards, monitors, mouse devices, and other accessories that operate outside of the computer, excluding cables, conduit, wiring, and other similar property.
(3) This section expires July 1, 2024.
NEW SECTION. Sec. 3. A new section is added to chapter 82.04 RCW to read as follows:
(1) In computing the tax imposed under this chapter, a credit is allowed for each person for qualified preproduction development expenditures occurring after the effective date of this section.
(2) The credit is equal to the amount of qualified preproduction development expenditures of a person, multiplied by the rate of 1.5 percent.
(3) The credit shall be taken against taxes due for the same calendar year in which the qualified preproduction development expenditures are incurred. Credits may not be carried over. The credit for each calendar year may not exceed the amount of tax otherwise due under this chapter for the calendar year. Refunds may not be granted in the place of a credit.
(4) Any person entitled to the credit in this section as a result of qualified preproduction development conducted under contract may assign all or any portion of the credit to the person contracting for the performance of the qualified preproduction development.
(5) The definitions in this subsection apply throughout this section.
(a) "Aeronautics" means the study of flight and the science of building and operating commercial aircraft.
(b) "Preproduction development" means research, design, and engineering activities performed in relation to the development of a product, product line, model, or model derivative, including prototype development, testing, and certification. The term includes the discovery of technological information, the translating of technological information into new or improved products, processes, techniques, formulas, or inventions, and the adaptation of existing products and models into new products or new models, or derivatives of products or models. The term does not include manufacturing activities or other production-oriented activities. The term does not include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.
(c) "Qualified preproduction development" means preproduction development performed within this state in the field of aeronautics.
(d) "Qualified preproduction development expenditures" means operating expenses, including wages, compensation of a proprietor or a partner in a partnership as determined by the department, benefits, supplies, and computer expenses, directly incurred in qualified preproduction development by a person claiming the credit provided in this section. The term does not include amounts paid to a person other than a public educational or research institution to conduct qualified preproduction development. The term does not include capital costs and overhead, such as expenses for land, structures, or depreciable property.
(6) Credit may not be claimed for expenditures for which a credit is claimed under RCW 82.04.4452 or 82.04.4461.
(7) This section expires July 1, 2024.
NEW SECTION. Sec. 4. A new section is added to chapter 82.32 RCW to read as follows:
(1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information on how a tax incentive is used.
(2)(a) A person claiming the credit under section 3 of this act shall file a complete annual survey with the department. The survey is due by March 31st following any year in which a credit is claimed. The department may extend the due date for timely filing of annual surveys under this section as provided in RCW 82.32.590. The survey shall include the amount of the tax credit claimed, the qualified preproduction development expenditures during the calendar year for which the credit is claimed, whether the credit has been assigned under section 3(4) of this act and who assigned the credit, the number of new products or research projects by general classification, and the number of trademarks, patents, and copyrights associated with the qualified preproduction development activities for which a credit was claimed. The survey shall also include the following information for employment positions in Washington:
(i) The number of total employment positions;
(ii) Full-time, part-time, and temporary employment positions as a percent of total employment;
(iii) The number of employment positions according to the following wage bands: Less than thirty thousand dollars; thirty thousand dollars or greater, but less than sixty thousand dollars; and sixty thousand dollars or greater. A wage band containing fewer than three individuals may be combined with another wage band; and
(iv) The number of employment positions that have employer-provided medical, dental, and retirement benefits, by each of the wage bands.
(b) As part of the annual survey, the department may request additional information necessary to measure the results of, or determine eligibility for, the tax credit program.
(c) All information collected under this section, except the amount of the tax credit claimed, is deemed taxpayer information under RCW 82.32.330. Information on the amount of tax credit claimed is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request, except as provided in (d) of this subsection. If the amount of the tax credit as reported on the survey is different than the amount actually claimed on the taxpayer's tax returns or otherwise allowed by the department, the amount actually claimed or allowed may be disclosed.
(d) Persons for whom the actual amount of the tax credit claimed on the taxpayer's returns or otherwise allowed by the department is less than ten thousand dollars during the period covered by the survey may request the department to treat the tax credit amount as confidential under RCW 82.32.330.
(3) If a person fails to submit a complete annual survey under subsection (2) of this section by the due date or any extension under RCW 82.32.590, the department shall declare the amount of taxes against which a credit was claimed for that year to be immediately due and payable. The department shall assess interest, but not penalties, on the taxes against which the credit was claimed. Interest shall be assessed at the rate provided for delinquent excise taxes under this chapter, retroactively to the date the credit was claimed, and shall accrue until the taxes against which the credit was claimed are repaid.
(4) The department shall use the information from the annual survey required under subsection (2) of this section to prepare summary descriptive statistics by category. No fewer than three taxpayers shall be included in any category. The department shall report these statistics to the legislature each year by September 1st.
(5) In conjunction with the reports due under RCW 82.32.545, by November 1, 2010, and November 1, 2023, the fiscal committees of the house of representatives and the senate, in consultation with the department, shall report to the legislature on the effectiveness of the credit authorized in section 3 of this act in regard to keeping Washington competitive. The report shall measure the effect of the credit authorized in section 3 of this act on job retention, net jobs created for Washington residents, company growth, diversification of the state's economy, cluster dynamics, and other factors as the committees select. The reports shall include a discussion of principles to apply in evaluating whether the legislature should reenact the credit authorized in section 3 of this act.
(6) A person who is subject to the requirements in RCW 82.32.545 is not required to file a complete annual survey under this section if the person timely files the annual report required by RCW 82.32.545.
Sec. 5. RCW 82.04.250 and 2003 2nd sp.s. c 1 s 2 are each amended to read as follows:
(1) Upon every person ((except persons taxable under RCW 82.04.260 (5) or (13), 82.04.272, or subsection (2) of this section)) engaging within this state in the business of making sales at retail, except persons taxable as retailers under other provisions of this chapter, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.471 percent.
(2) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, except persons taxable under RCW 82.04.260(((13))) (11) or subsection (3) of this section, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of 0.484 percent.
(3) Upon every person engaging within this state in the business of making sales at retail that are exempt from the tax imposed under chapter 82.08 RCW by reason of RCW 82.08.0261, 82.08.0262, or 82.08.0263, that is classified by the federal aviation administration as a FAR part 145 certificated repair station with airframe and instrument ratings and limited ratings for nondestructive testing, radio, Class 3 Accessory, and specialized services, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the business, multiplied by the rate of .2904 percent.
NEW SECTION. Sec. 6. A new section is added to chapter 82.32 RCW to read as follows:
(1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources, the legislature needs information on how a tax incentive is used.
(2)(a) A person who reports taxes under RCW 82.04.250(3) shall file a complete annual survey with the department. The survey is due by March 31st following any year in which a person reports taxes under RCW 82.04.250(3). The department may extend the due date for timely filing of annual surveys under this section as provided in RCW 82.32.590. The survey shall include the amount of tax reduced under the preferential rate in RCW 82.04.250(3). The survey shall also include the following information for employment positions in Washington:
(i) The number of total employment positions;
(ii) Full-time, part-time, and temporary employment positions as a percent of total employment;
(iii) The number of employment positions according to the following wage bands: Less than thirty thousand dollars; thirty thousand dollars or greater, but less than sixty thousand dollars; and sixty thousand dollars or greater. A wage band containing fewer than three individuals may be combined with another wage band; and
(iv) The number of employment positions that have employer-provided medical, dental, and retirement benefits, by each of the wage bands.
(b) As part of the annual survey, the department may request additional information necessary to measure the results of, or determine eligibility for, the preferential tax rate in RCW 82.04.250(3).
(c) All information collected under this section, except the amount of the tax reduced under the preferential rate in RCW 82.04.250(3), is deemed taxpayer information under RCW 82.32.330. Information on the amount of tax reduced is not subject to the confidentiality provisions of RCW 82.32.330 and may be disclosed to the public upon request, except as provided in (d) of this subsection. If the amount of the tax reduced as reported on the survey is different than the amount actually reduced based on the taxpayer's excise tax returns or otherwise allowed by the department, the amount actually reduced may be disclosed.
(d) Persons for whom the actual amount of the tax reduction is less than ten thousand dollars during the period covered by the survey may request the department to treat the amount of the tax reduction as confidential under RCW 82.32.330.
(3) If a person fails to submit a complete annual survey under subsection (2) of this section by the due date or any extension under RCW 82.32.590, the department shall declare the amount of taxes reduced under the preferential rate in RCW 82.04.250(3) for that year to be immediately due and payable. The department shall assess interest, but not penalties, on the taxes. Interest shall be assessed at the rate provided for delinquent excise taxes under this chapter, retroactively to the date the reduced taxes were due, and shall accrue until the amount of the reduced taxes is repaid.
(4) The department shall use the information from the annual survey required under subsection (2) of this section to prepare summary descriptive statistics by category. The department shall report these statistics to the legislature each year by September 1st.
(5) By November 1, 2010, the fiscal committees of the house of representatives and the senate, in consultation with the department, shall report to the legislature on the effectiveness of the preferential tax rate provided in RCW 82.04.250(3) in regard to keeping Washington competitive. The report shall measure the effect of the preferential tax rate provided in RCW 82.04.250(3) on job retention, net jobs created for Washington residents, company growth, diversification of the state's economy, cluster dynamics, and other factors as the committees select. The report shall include a discussion of principles to apply in evaluating whether the legislature should extend the preferential tax rate provided in RCW 82.04.250(3).
(6) This section expires December 31, 2012.
Sec. 7. RCW 82.32.330 and 2005 c 326 s 1 and 2005 c 274 s 361 are each reenacted and amended to read as follows:
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in any manner whatever a return or tax information;
(b) "Return" means a tax or information return or claim for refund required by, or provided for or permitted under, the laws of this state which is filed with the department of revenue by, on behalf of, or with respect to a person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed;
(c) "Tax information" means (i) a taxpayer's identity, (ii) the nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability deficiencies, overassessments, or tax payments, whether taken from the taxpayer's books and records or any other source, (iii) whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing, (iv) a part of a written determination that is not designated as a precedent and disclosed pursuant to RCW 82.32.410, or a background file document relating to a written determination, and (v) other data received by, recorded by, prepared by, furnished to, or collected by the department of revenue with respect to the determination of the existence, or possible existence, of liability, or the amount thereof, of a person under the laws of this state for a tax, penalty, interest, fine, forfeiture, or other imposition, or offense: PROVIDED, That data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Except as provided by RCW 82.32.410, nothing in this chapter shall require any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material, or documents so as to permit its disclosure;
(d) "State agency" means every Washington state office, department, division, bureau, board, commission, or other state agency;
(e) "Taxpayer identity" means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer; and
(f) "Department" means the department of revenue or its officer, agent, employee, or representative.
(2) Returns and tax information shall be confidential and privileged, and except as authorized by this section, neither the department of revenue nor any other person may disclose any return or tax information.
(3) This section does not prohibit the department of revenue from:
(a) Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding:
(i) In respect of any tax imposed under the laws of this state if the taxpayer or its officer or other person liable under Title 82 RCW is a party in the proceeding; or
(ii) In which the taxpayer about whom such return or tax information is sought and another state agency are adverse parties in the proceeding;
(b) Disclosing, subject to such requirements and conditions as the director shall prescribe by rules adopted pursuant to chapter 34.05 RCW, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's request, to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person: PROVIDED, That tax information not received from the taxpayer shall not be so disclosed if the director determines that such disclosure would compromise any investigation or litigation by any federal, state, or local government agency in connection with the civil or criminal liability of the taxpayer or another person, or that such disclosure would identify a confidential informant, or that such disclosure is contrary to any agreement entered into by the department that provides for the reciprocal exchange of information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to the taxpayer by the order of any court;
(c) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been either issued or filed and remains outstanding for a period of at least ten working days. The department shall not be required to disclose any information under this subsection if a taxpayer: (i) Has been issued a tax assessment; (ii) has been issued a warrant that has not been filed; and (iii) has entered a deferred payment arrangement with the department of revenue and is making payments upon such deficiency that will fully satisfy the indebtedness within twelve months;
(d) Disclosing the name of a taxpayer with a deficiency greater than five thousand dollars and against whom a warrant under RCW 82.32.210 has been filed with a court of record and remains outstanding;
(e) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof;
(f) Disclosing such return or tax information, for official purposes only, to the governor or attorney general, or to any state agency, or to any committee or subcommittee of the legislature dealing with matters of taxation, revenue, trade, commerce, the control of industry or the professions;
(g) Permitting the department of revenue's records to be audited and examined by the proper state officer, his or her agents and employees;
(h) Disclosing any such return or tax information to a peace officer as defined in RCW 9A.04.110 or county prosecuting attorney, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives the return or tax information may disclose that return or tax information only for use in the investigation and a related court proceeding, or in the court proceeding for which the return or tax information originally was sought;
(i) Disclosing any such return or tax information to the proper officer of the internal revenue service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of this state;
(j) Disclosing any such return or tax information to the Department of Justice, including the Bureau of Alcohol, Tobacco ((and)), Firearms ((of the Department of the Treasury)) and Explosives within the Department of Justice, the Department of Defense, the Immigration and Customs Enforcement and the Customs and Border Protection agencies of the United States ((Customs Service)) Department of Homeland Security, the Coast Guard of the United States, and the United States Department of Transportation, or any authorized representative thereof, for official purposes;
(k) Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to RCW 82.32.410;
(l) Disclosing, in a manner that is not associated with other tax information, the taxpayer name, entity type, business address, mailing address, revenue tax registration numbers, North American industry classification system or standard industrial classification code of a taxpayer, and the dates of opening and closing of business. This subsection shall not be construed as giving authority to the department to give, sell, or provide access to any list of taxpayers for any commercial purpose;
(m) Disclosing such return or tax information that is also maintained by another Washington state or local governmental agency as a public record available for inspection and copying under the provisions of chapter 42.56 RCW or is a document maintained by a court of record not otherwise prohibited from disclosure;
(n) Disclosing such return or tax information to the United States department of agriculture for the limited purpose of investigating food stamp fraud by retailers;
(o) Disclosing to a financial institution, escrow company, or title company, in connection with specific real property that is the subject of a real estate transaction, current amounts due the department for a filed tax warrant, judgment, or lien against the real property;
(p) Disclosing to a person against whom the department has asserted liability as a successor under RCW 82.32.140 return or tax information pertaining to the specific business of the taxpayer to which the person has succeeded; ((or))
(q) Disclosing such return or tax information in the possession of the department relating to the administration or enforcement of the real estate excise tax imposed under chapter 82.45 RCW, including information regarding transactions exempt or otherwise not subject to tax; or
(r) Disclosing the least amount of return or tax information necessary for the reports required in section 6 (4) and (5) of this act when the number of taxpayers included in the reports or any part of the reports cannot be classified to prevent the identification of taxpayers or particular returns, reports, tax information, or items in the possession of the department.
(4)(a) The department may disclose return or taxpayer information to a person under investigation or during any court or administrative proceeding against a person under investigation as provided in this subsection (4). The disclosure must be in connection with the department's official duties relating to an audit, collection activity, or a civil or criminal investigation. The disclosure may occur only when the person under investigation and the person in possession of data, materials, or documents are parties to the return or tax information to be disclosed. The department may disclose return or tax information such as invoices, contracts, bills, statements, resale or exemption certificates, or checks. However, the department may not disclose general ledgers, sales or cash receipt journals, check registers, accounts receivable/payable ledgers, general journals, financial statements, expert's workpapers, income tax returns, state tax returns, tax return workpapers, or other similar data, materials, or documents.
(b) Before disclosure of any tax return or tax information under this subsection (4), the department shall, through written correspondence, inform the person in possession of the data, materials, or documents to be disclosed. The correspondence shall clearly identify the data, materials, or documents to be disclosed. The department may not disclose any tax return or tax information under this subsection (4) until the time period allowed in (c) of this subsection has expired or until the court has ruled on any challenge brought under (c) of this subsection.
(c) The person in possession of the data, materials, or documents to be disclosed by the department has twenty days from the receipt of the written request required under (b) of this subsection to petition the superior court of the county in which the petitioner resides for injunctive relief. The court shall limit or deny the request of the department if the court determines that:
(i) The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from some other source that is more convenient, less burdensome, or less expensive;
(ii) The production of the data, materials, or documents sought would be unduly burdensome or expensive, taking into account the needs of the department, the amount in controversy, limitations on the petitioner's resources, and the importance of the issues at stake; or
(iii) The data, materials, or documents sought for disclosure contain trade secret information that, if disclosed, could harm the petitioner.
(d) The department shall reimburse reasonable expenses for the production of data, materials, or documents incurred by the person in possession of the data, materials, or documents to be disclosed.
(e) Requesting information under (b) of this subsection that may indicate that a taxpayer is under investigation does not constitute a disclosure of tax return or tax information under this section.
(5) Any person acquiring knowledge of any return or tax information in the course of his or her employment with the department of revenue and any person acquiring knowledge of any return or tax information as provided under subsection (3)(f), (g), (h), (i), (j), or (n) of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the state, such person shall forfeit such office or employment and shall be incapable of holding any public office or employment in this state for a period of two years thereafter.
Sec. 8. RCW 82.32.590 and 2005 c 514 s 1001 are each amended to read as follows:
(1) If the department finds that the failure of a taxpayer to file an annual survey under RCW 82.04.4452, section 4 of this act, or section 6 of this act by the due date was the result of circumstances beyond the control of the taxpayer, the department shall extend the time for filing the survey. Such extension shall be for a period of thirty days from the date the department issues its written notification to the taxpayer that it qualifies for an extension under this section. The department may grant additional extensions as it deems proper.
(2) In making a determination whether the failure of a taxpayer to file an annual survey by the due date was the result of circumstances beyond the control of the taxpayer, the department shall be guided by rules adopted by the department for the waiver or cancellation of penalties when the underpayment or untimely payment of any tax was due to circumstances beyond the control of the taxpayer.
Sec. 9. RCW 82.32.600 and 2005 c 514 s 1002 are each amended to read as follows:
(1) Persons required to file surveys under RCW 82.04.4452, section 4 of this act, or section 6 of this act must electronically file with the department all surveys, returns, and any other forms or information the department requires in an electronic format as provided or approved by the department((, unless the department grants relief under subsection (2) of this section)). As used in this section, "returns" has the same meaning as "return" in RCW 82.32.050.
(2) ((Upon request, the department may relieve a person of the obligations in subsection (1) of this section if the person's taxes have been reduced a cumulative total of less than one thousand dollars from all of the credits, exemptions, or preferential business and occupation tax rates, for which a person is required to file an annual survey under RCW 82.04.4452, 82.32.535, 82.32.545, 82.32.570, 82.32.560, 82.60.070, or 82.63.020.
(3) Persons who no longer qualify for relief under subsection (2) of this section will be notified in writing by the department and must comply with subsection (1) of this section by the date provided in the notice.
(4))) Any survey, return, or any other form or information required to be filed in an electronic format under subsection (1) of this section is not filed until received by the department in an electronic format.
(3) The department may waive the electronic filing requirement in subsection (1) of this section for good cause shown.
Sec. 10. RCW 82.04.4463 and 2005 c 514 s 501 are each amended to read as follows:
(1) In computing the tax imposed under this chapter, a credit is allowed for property taxes and leasehold excise taxes paid during the calendar year.
(2) The credit is equal to:
(a)(i)(A) Property taxes paid on new buildings, and land upon which this property is located, built after December 1, 2003, and used exclusively in manufacturing commercial airplanes or components of such airplanes; and
(B) Leasehold excise taxes paid with respect to a building built after January 1, 2006, the land upon which the building is located, or both, if the building is used exclusively in manufacturing commercial airplanes or components of such airplanes; or
(ii) Property taxes attributable to an increase in assessed value due to the renovation or expansion, after December 1, 2003, of a building used exclusively in manufacturing commercial airplanes or components of such airplanes; and
(b) An amount equal to property taxes paid on machinery and equipment exempt under RCW 82.08.02565 or 82.12.02565 and acquired after December 1, 2003, multiplied by a fraction. The numerator of the fraction is the total taxable amount subject to the tax imposed under RCW 82.04.260(((13))) (11) and the denominator of the fraction is the total taxable amount subject to the tax imposed under all manufacturing classifications in chapter 82.04 RCW, required to be reported on the person's returns for the calendar year before the calendar year in which the credit under this section is earned. No credit is available under this subsection (2)(b) if either the numerator or the denominator of the fraction is zero. If the fraction is greater than or equal to nine-tenths, then the fraction is rounded to one. For purposes of this subsection, "returns" means the combined excise tax returns for the calendar year.
(3) For the purposes of this section, "commercial passenger airplane" and "component" have the meanings given in RCW 82.32.550.
(4) A person taking the credit under this section is subject to all the requirements of chapter 82.32 RCW. In addition, the person must report as required under RCW 82.32.545. A credit earned during one calendar year may be carried over to be credited against taxes incurred in a subsequent calendar year, but may not be carried over a second year. No refunds may be granted for credits under this section.
(5) In addition to all other requirements under this title, a person taking the credit under this section must report as required under RCW 82.32.545.
(6) This section expires July 1, 2024.
NEW SECTION. Sec. 11. Section 10 of this act applies with respect to leasehold excise taxes paid on or after January 1, 2007.
NEW SECTION. Sec. 12. Sections 1 through 9 of this act take effect July 1, 2006.
NEW SECTION. Sec. 13. Sections 10 and 11 of this act take effect January 1, 2007.
NEW SECTION. Sec. 14. Section 5 of this act expires July 1, 2011."
Senator Shin spoke in favor of adoption of the committee striking amendment.
MOTION
On motion of Senator Schoesler, Senator McCaslin was excused.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to House Bill No. 2466.
The motion by Senator Shin carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 82.04.250, 82.32.590, 82.32.600, and 82.04.4463; reenacting and amending RCW 82.32.330; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; adding new sections to chapter 82.32 RCW; creating a new section; providing effective dates; and providing expiration dates."
MOTION
On motion of Senator Shin, the rules were suspended, House Bill No. 2466 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Shin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of House Bill No. 2466 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2466 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 36; Nays, 7; Absent, 4; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, McAuliffe, Morton, Mulliken, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker and Zarelli - 36
Voting nay: Senators Fairley, Fraser, Kohl-Welles, Pridemore, Rockefeller, Thibaudeau and Weinstein - 7
Absent: Senators Doumit, Jacobsen, Kline and Poulsen - 4
Excused: Senators McCaslin and Oke - 2
HOUSE BILL NO. 2466 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 3164, by House Committee on Finance (originally sponsored by Representatives Kilmer, Kristiansen, Linville, Bailey, Pettigrew, P. Sullivan, Dunn, Ericks, Appleton, Green, Morrell, Sells and Simpson)
Increasing the personal property exemption for the head of a family. Revised for 1st Substitute: Increasing the head of a family personal property tax exemption amount.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Substitute House Bill No. 3164 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Prentice spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senators Doumit, Jacobsen and Poulsen were excused.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3164.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3164 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 43
Voting nay: Senator Thibaudeau - 1
Excused: Senators Doumit, Jacobsen, McCaslin, Oke and Poulsen - 5
SUBSTITUTE HOUSE BILL NO. 3164, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
HOUSE JOINT RESOLUTION NO. 4223, by Representatives Kilmer, Kristiansen, Linville, Bailey, Pettigrew, P. Sullivan, Dunn, Ericks, Morrell, Appleton, Green, Sells and Simpson
Amending the state Constitution to increase the personal property tax exemption for the head of a family.
The measure was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, House Joint Resolution No. 4223 was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.
Senator Prentice spoke in favor of passage of the resolution.
The President declared the question before the Senate to be the final passage of House Joint Resolution No. 4223.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Resolution No. 4223 and the resolution passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Excused: Senators Jacobsen, McCaslin and Oke - 3
HOUSE JOINT RESOLUTION NO. 4223, having received the constitutional majority, was declared passed.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2155, by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Lantz and Shabro)
Regarding preservation of state publications by the state library services.
The measure was read the second time.
MOTION
Senator Kastama moved that the following committee striking amendment by the Committee on Government Operations & Elections be adopted.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The state of Washington recognizes that an informed citizenry is indispensable to the proper functioning of a democratic society. It is the basic right of citizens to know about the activities of their government, to benefit from the information developed at public expense, and to have permanent access to the information published by state agencies.
The secretary of state through the state library must ensure permanent public access to public state government publications, regardless of the format, and prescribe the conditions for use of state publications in depository libraries.
Sec. 2. RCW 27.04.045 and 2002 c 342 s 3 are each amended to read as follows:
The state librarian shall be responsible and accountable for the following functions:
(1) Establishing content-related standards for common formats and agency indexes for state agency-produced information. In developing these standards, the state librarian is encouraged to seek involvement of, and comments from, public and private entities with an interest in such standards;
(2) Managing and administering the state library;
(3) Exerting leadership in information access and the development of library services;
(4) Acquiring library materials, equipment, and supplies by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other libraries in the cost-effective purchase of information resources;
(5) Employing and terminating personnel in accordance with chapter 41.06 RCW as may be necessary to implement the purposes of this chapter;
(6) Entering into agreements with other public or private entities as a means of implementing the mission, goals, and objectives of the state library and the entity with which it enters such agreements. In agreements for services between the library and other state agencies, the library may negotiate an exchange of services in lieu of monetary reimbursement for the library's indirect or overhead costs, when such an arrangement facilitates the delivery of library services;
(7) Maintaining a library at the state capitol grounds to effectively provide library and information services to members of the legislature, state officials, and state employees in connection with their official duties;
(8) Serving as the depository for newspapers published in the state of Washington thus providing a central location for a valuable historical record for scholarly, personal, and commercial reference and circulation;
(9) Promoting and facilitating electronic access to public information and services, including providing, or providing for, a service that identifies, describes, and provides location information for government information through electronic means, and that assists government agencies in making their information more readily available to the public;
(10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state agency for distribution. The state library shall maintain the state publications distribution center, as provided in chapter 40.06 RCW((. The office of the secretary of state, on recommendation of the state librarian, may provide by rule for deposit with the state library of up to three copies of each publication)) to provide copies of materials that are not available in electronic format to state depository libraries;
(11) Providing for the sale of library material in accordance with RCW 27.12.305;
(12) Providing advisory services to state agencies regarding their information needs;
(13) Providing for library and information service to residents and staff of state-supported residential institutions;
(14) Providing for library and information services to persons throughout the state who are blind and/or physically handicapped;
(15) Assisting individuals and groups such as libraries, library boards, governing bodies, and citizens throughout the state toward the establishment and development of library services;
(16) Making studies and surveys of library needs in order to provide, expand, enlarge, and otherwise improve access to library facilities and services throughout the state;
(17) Serving as an interlibrary loan, information, reference, and referral resource for all libraries in the state. The state library may charge lending fees to other libraries that charge the state library for similar services. Money paid as fees shall be retained by the state library as a recovery of costs; and
(18) Accepting and expending in accordance with the terms thereof grants of federal, state, local, or private funds. For the purpose of qualifying to receive such grants, the state librarian is authorized to make applications and reports required by the grantor.
Sec. 3. RCW 40.06.010 and 1977 ex.s. c 232 s 8 are each amended to read as follows:
As used in this chapter:
(1) (("Print" includes all forms of reproducing multiple copies, with the exception of typewritten correspondence and interoffice memoranda.
(2))) "Electronic repository" means a collection of publicly accessible electronic publications stored in a secure digital environment with redundant backup to preserve the collection.
(2) "Format" includes any media used in the publication of state information including electronic, print, audio, visual, and microfilm.
(3) "State agency" includes every state office, officer, department, division, bureau, board, commission and agency of the state, and, where applicable, all subdivisions of each.
(((3))) (4) "State publication" means information published by state agencies, regardless of format, intended for distribution to state government or the public. Examples may include((s)) annual, biennial, and special reports required by law, state agency newsletters, periodicals, and magazines, ((books, pamphlets, leaflets, and all other materials, other than news releases sent exclusively to the news media, typewritten correspondence and interoffice memoranda, issued in print by the state, the legislature, constitutional officers, or any state department, committee, or other state agency supported wholly or in part by state funds)) and other informational material intended for general dissemination to state agencies, the public, or the legislature.
Sec. 4. RCW 40.06.020 and 2002 c 342 s 5 are each amended to read as follows:
There is hereby created as a division of the state library, and under the direction of the state librarian, a state publications distribution center. The center shall utilize the depository library system to permit citizens economical and convenient access to state publications, regardless of format. To this end the secretary of state shall make such rules as may be deemed necessary to carry out the provisions of this chapter.
Sec. 5. RCW 40.06.030 and 1977 ex.s. c 232 s 10 are each amended to read as follows:
(1) Every state agency shall promptly ((deposit copies of each of its state publications with the state library in quantities as certified by the state librarian as required to meet the needs of the depository library system. Upon consent of the issuing state agency such state publications as are printed by the public printer shall be delivered directly to the center.
(2))) submit to the state library copies of published information that are state publications.
(a) For state publications available only in print format, each state agency shall deposit, at a minimum, two copies of each of its publications with the state library. For the purposes of broad public access, state agencies may deposit additional copies with the state library for distribution to additional depository libraries.
(b) For state publications available only in electronic format, each state agency shall deposit one copy of each of its publications with the state library.
(c) For state publications available in both print and electronic format, each state agency shall deposit two print copies and one electronic copy of the publication with the state library.
(2) Annually, each state agency shall provide the state library with a listing of all its publications made available to state government and the public during the preceding year, including those published in electronic form. The secretary of state shall, by rule, establish the annual date by which state agencies must provide the list of its publications to the state library.
(3) In the interest of economy and efficiency, the state librarian may specifically or by general rule exempt a given state publication or class of publications from the requirements of this section in full or in part.
(4) Upon consent of the issuing state agency, such state publications as are printed by the public printer shall be delivered directly to the center.
Sec. 6. RCW 40.06.040 and 2002 c 342 s 6 are each amended to read as follows:
(1) To provide economical public access to state publications, the center may enter into depository contracts with any free public library, The Evergreen State College, regional university, or state university library, or, if needed, the library of any privately incorporated college or university in this state. The requirements for eligibility to contract as a depository library shall be established by the secretary of state upon recommendations of the state librarian. The standards shall include and take into consideration the type of library, available housing and space for the publications, the number and qualifications of personnel, and availability for public use. The center may also contract with public, out-of-state libraries for the exchange of state and other publications on a reciprocal basis. Any state publication to be distributed to the public and the legislature shall be mailed at the lowest available postal rate.
(2) The office of the secretary of state through the state librarian shall preserve and make accessible state agency electronic publications deposited with the state library through an electronic repository.
Sec. 7. RCW 40.06.050 and 1963 c 233 s 5 are each amended to read as follows:
The center shall publish and distribute regularly a list of available state publications, and may publish and distribute such other descriptive ((printed)) matter as will facilitate the distribution of and access to state publications."
Senator Kastama spoke in favor of adoption of the committee striking amendment.
The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Government Operations & Elections to Substitute House Bill No. 2155.
The motion by Senator Kastama carried and the committee striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "state;" strike the remainder of the title and insert "amending RCW 27.04.045, 40.06.010, 40.06.020, 40.06.030, 40.06.040, and 40.06.050; and creating a new section."
MOTION
On motion of Senator Kastama, the rules were suspended, Substitute House Bill No. 2155 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2155 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2155 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Hargrove - 1
Excused: Senators McCaslin and Oke - 2
SUBSTITUTE HOUSE BILL NO. 2155 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
REPLY BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Honeyford that Engrossed Second Substitute House Bill 2582 is not properly before the body because it is beyond the cutoff dates established by Senate Concurrent Resolution 8414, the President finds and rules as follows:
The plain language of the cutoff resolution clearly exempts budget-related measures from all of the cutoff dates set forth in the resolution. To determine if the measure before us is necessary to implement the budget, the President generally looks first to determine if the mechanics of the bill relate to the budget, and second, whether any budget references the measure itself.
The measure before us relates to high school completion programs. Although an argument can be made that this bill is related to the budget, its substance is in no way crucial to raising or spending money in such a way that it can truly be considered an integral and necessary part of the budget process. And, while it is possible that funding for the bill or its programs will be provided in the budget ultimately enacted, neither the House nor the Senate versions of the budget to date even reference this measure, let alone provide funding for its programs.
As a result, the President concludes that this measure is not presently necessary for the budget and is beyond the cutoff dates set forth in Senate Concurrent Resolution 8414. For this reason, Senator Honeyford’s point is well-taken, and the measure is not properly before the body for its consideration at this time."
MOTION
On motion of Senator Eide, further consideration of Engrossed Second Substitute House Bill No. 2582 was deferred and the bill held its place on the third reading calendar.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Keiser on the scope and object of the House amendment to Senate Bill No. 6366, the President finds and rules as follows. The President finds that the Senate bill sets forth a comprehensive plan for preparing and responding to pandemic influenza. While some of those procedures may be applied to other disease outbreaks and pandemics, the scope of the bill is limited to influenza pandemics.
The House amendment would establish a comprehensive template for preparedness for all pandemic and communicable disease outbreaks. The amendment would also require local health jurisdictions to comply with the same performance measures. This exceeds the scope of the underlying bill which is limited to only addressing an influenza pandemic.
The President, therefore, finds that the amendment does change the scope and object of the bill and the point of order is well taken."
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
The Senate resumed consideration of Engrossed Substitute Senate Bill No. 6366 which had been deferred earlier in the day.
MOTION
Senator Keiser moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6366 and ask the House to recede therefrom.
Senators Deccio spoke in favor of the motion.
The President declared the question before the Senate to be motion by Senator Keiser that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6366 and ask the House to recede therefrom.
The motion by Senator Keiser carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6366 and asked the House to recede therefrom.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2754, by House Committee on Appropriations (originally sponsored by Representatives Morrell, Campbell, Green, Haigh, Appleton, Kilmer, Darneille, Cox, Ormsby, Haler, Chase, P. Sullivan, McCoy, Wallace, Sells, Serben, Curtis, Moeller, Blake, Cody, Kenney, Conway, Ericks, Clibborn, Kessler, Simpson and Linville)
Creating the veterans innovations program.
The measure was read the second time.
MOTION
Senator Jacobsen moved that the following amendment by Senator Jacobsen be adopted.
On page 4, after line 7, insert the following:
"Sec. 9. RCW 70.47.060 and 2004 c 192 s 3 are each amended to read as follows:
The administrator has the following powers and duties:
(1) To design and from time to time revise a schedule of covered basic health care services, including physician services, inpatient and outpatient hospital services, prescription drugs and medications, and other services that may be necessary for basic health care. In addition, the administrator may, to the extent that funds are available, offer as basic health plan services chemical dependency services, mental health services and organ transplant services; however, no one service or any combination of these three services shall increase the actuarial value of the basic health plan benefits by more than five percent excluding inflation, as determined by the office of financial management. All subsidized and nonsubsidized enrollees in any participating managed health care system under the Washington basic health plan shall be entitled to receive covered basic health care services in return for premium payments to the plan. The schedule of services shall emphasize proven preventive and primary health care and shall include all services necessary for prenatal, postnatal, and well-child care. However, with respect to coverage for subsidized enrollees who are eligible to receive prenatal and postnatal services through the medical assistance program under chapter 74.09 RCW, the administrator shall not contract for such services except to the extent that such services are necessary over not more than a one-month period in order to maintain continuity of care after diagnosis of pregnancy by the managed care provider. The schedule of services shall also include a separate schedule of basic health care services for children, eighteen years of age and younger, for those subsidized or nonsubsidized enrollees who choose to secure basic coverage through the plan only for their dependent children. In designing and revising the schedule of services, the administrator shall consider the guidelines for assessing health services under the mandated benefits act of 1984, RCW 48.47.030, and such other factors as the administrator deems appropriate.
(2)(a) To design and implement a structure of periodic premiums due the administrator from subsidized enrollees that is based upon gross family income, giving appropriate consideration to family size and the ages of all family members. The enrollment of children shall not require the enrollment of their parent or parents who are eligible for the plan. The structure of periodic premiums shall be applied to subsidized enrollees entering the plan as individuals pursuant to subsection (11) of this section and to the share of the cost of the plan due from subsidized enrollees entering the plan as employees pursuant to subsection (12) of this section.
(b) To determine the periodic premiums due the administrator from nonsubsidized enrollees. Premiums due from nonsubsidized enrollees shall be in an amount equal to the cost charged by the managed health care system provider to the state for the plan plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201.
(c) To determine the periodic premiums due the administrator from health coverage tax credit eligible enrollees. Premiums due from health coverage tax credit eligible enrollees must be in an amount equal to the cost charged by the managed health care system provider to the state for the plan, plus the administrative cost of providing the plan to those enrollees and the premium tax under RCW 48.14.0201. The administrator will consider the impact of eligibility determination by the appropriate federal agency designated by the Trade Act of 2002 (P.L. 107-210) as well as the premium collection and remittance activities by the United States internal revenue service when determining the administrative cost charged for health coverage tax credit eligible enrollees.
(d) An employer or other financial sponsor may, with the prior approval of the administrator, pay the premium, rate, or any other amount on behalf of a subsidized or nonsubsidized enrollee, by arrangement with the enrollee and through a mechanism acceptable to the administrator. The administrator shall establish a mechanism for receiving premium payments from the United States internal revenue service for health coverage tax credit eligible enrollees.
(e) To develop, as an offering by every health carrier providing coverage identical to the basic health plan, as configured on January 1, 2001, a basic health plan model plan with uniformity in enrollee cost-sharing requirements.
(3) To evaluate, with the cooperation of participating managed health care system providers, the impact on the basic health plan of enrolling health coverage tax credit eligible enrollees. The administrator shall issue to the appropriate committees of the legislature preliminary evaluations on June 1, 2005, and January 1, 2006, and a final evaluation by June 1, 2006. The evaluation shall address the number of persons enrolled, the duration of their enrollment, their utilization of covered services relative to other basic health plan enrollees, and the extent to which their enrollment contributed to any change in the cost of the basic health plan.
(4) To end the participation of health coverage tax credit eligible enrollees in the basic health plan if the federal government reduces or terminates premium payments on their behalf through the United States internal revenue service.
(5) To design and implement a structure of enrollee cost-sharing due a managed health care system from subsidized, nonsubsidized, and health coverage tax credit eligible enrollees. The structure shall discourage inappropriate enrollee utilization of health care services, and may utilize copayments, deductibles, and other cost-sharing mechanisms, but shall not be so costly to enrollees as to constitute a barrier to appropriate utilization of necessary health care services.
(6) To limit enrollment of persons who qualify for subsidies so as to prevent an overexpenditure of appropriations for such purposes. Whenever the administrator finds that there is danger of such an overexpenditure, the administrator shall close enrollment until the administrator finds the danger no longer exists. Such a closure does not apply to health coverage tax credit eligible enrollees who receive a premium subsidy from the United States internal revenue service as long as the enrollees qualify for the health coverage tax credit program.
(7) To limit the payment of subsidies to subsidized enrollees, as defined in RCW 70.47.020. The level of subsidy provided to persons who qualify may be based on the lowest cost plans, as defined by the administrator.
(8) To adopt a schedule for the orderly development of the delivery of services and availability of the plan to residents of the state, subject to the limitations contained in RCW 70.47.080 or any act appropriating funds for the plan.
(9) To solicit and accept applications from managed health care systems, as defined in this chapter, for inclusion as eligible basic health care providers under the plan for subsidized enrollees, nonsubsidized enrollees, or health coverage tax credit eligible enrollees. The administrator shall endeavor to assure that covered basic health care services are available to any enrollee of the plan from among a selection of two or more participating managed health care systems. In adopting any rules or procedures applicable to managed health care systems and in its dealings with such systems, the administrator shall consider and make suitable allowance for the need for health care services and the differences in local availability of health care resources, along with other resources, within and among the several areas of the state. Contracts with participating managed health care systems shall ensure that basic health plan enrollees who become eligible for medical assistance may, at their option, continue to receive services from their existing providers within the managed health care system if such providers have entered into provider agreements with the department of social and health services.
(10) To receive periodic premiums from or on behalf of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees, deposit them in the basic health plan operating account, keep records of enrollee status, and authorize periodic payments to managed health care systems on the basis of the number of enrollees participating in the respective managed health care systems.
(11) To accept applications from individuals residing in areas served by the plan, on behalf of themselves and their spouses and dependent children, for enrollment in the Washington basic health plan as subsidized, nonsubsidized, or health coverage tax credit eligible enrollees, to give priority to members of the Washington national guard and reserves who served in operation enduring freedom, operation Iraqi freedom, or operation noble eagle, and their spouses and dependents, for enrollment in the Washington basic health plan, to establish appropriate minimum-enrollment periods for enrollees as may be necessary, and to determine, upon application and on a reasonable schedule defined by the authority, or at the request of any enrollee, eligibility due to current gross family income for sliding scale premiums. Funds received by a family as part of participation in the adoption support program authorized under RCW 26.33.320 and 74.13.100 through 74.13.145 shall not be counted toward a family's current gross family income for the purposes of this chapter. When an enrollee fails to report income or income changes accurately, the administrator shall have the authority either to bill the enrollee for the amounts overpaid by the state or to impose civil penalties of up to two hundred percent of the amount of subsidy overpaid due to the enrollee incorrectly reporting income. The administrator shall adopt rules to define the appropriate application of these sanctions and the processes to implement the sanctions provided in this subsection, within available resources. No subsidy may be paid with respect to any enrollee whose current gross family income exceeds twice the federal poverty level or, subject to RCW 70.47.110, who is a recipient of medical assistance or medical care services under chapter 74.09 RCW. If a number of enrollees drop their enrollment for no apparent good cause, the administrator may establish appropriate rules or requirements that are applicable to such individuals before they will be allowed to reenroll in the plan.
(12) To accept applications from business owners on behalf of themselves and their employees, spouses, and dependent children, as subsidized or nonsubsidized enrollees, who reside in an area served by the plan. The administrator may require all or the substantial majority of the eligible employees of such businesses to enroll in the plan and establish those procedures necessary to facilitate the orderly enrollment of groups in the plan and into a managed health care system. The administrator may require that a business owner pay at least an amount equal to what the employee pays after the state pays its portion of the subsidized premium cost of the plan on behalf of each employee enrolled in the plan. Enrollment is limited to those not eligible for medicare who wish to enroll in the plan and choose to obtain the basic health care coverage and services from a managed care system participating in the plan. The administrator shall adjust the amount determined to be due on behalf of or from all such enrollees whenever the amount negotiated by the administrator with the participating managed health care system or systems is modified or the administrative cost of providing the plan to such enrollees changes.
(13) To determine the rate to be paid to each participating managed health care system in return for the provision of covered basic health care services to enrollees in the system. Although the schedule of covered basic health care services will be the same or actuarially equivalent for similar enrollees, the rates negotiated with participating managed health care systems may vary among the systems. In negotiating rates with participating systems, the administrator shall consider the characteristics of the populations served by the respective systems, economic circumstances of the local area, the need to conserve the resources of the basic health plan trust account, and other factors the administrator finds relevant.
(14) To monitor the provision of covered services to enrollees by participating managed health care systems in order to assure enrollee access to good quality basic health care, to require periodic data reports concerning the utilization of health care services rendered to enrollees in order to provide adequate information for evaluation, and to inspect the books and records of participating managed health care systems to assure compliance with the purposes of this chapter. In requiring reports from participating managed health care systems, including data on services rendered enrollees, the administrator shall endeavor to minimize costs, both to the managed health care systems and to the plan. The administrator shall coordinate any such reporting requirements with other state agencies, such as the insurance commissioner and the department of health, to minimize duplication of effort.
(15) To evaluate the effects this chapter has on private employer-based health care coverage and to take appropriate measures consistent with state and federal statutes that will discourage the reduction of such coverage in the state.
(16) To develop a program of proven preventive health measures and to integrate it into the plan wherever possible and consistent with this chapter.
(17) To provide, consistent with available funding, assistance for rural residents, underserved populations, and persons of color.
(18) In consultation with appropriate state and local government agencies, to establish criteria defining eligibility for persons confined or residing in government-operated institutions.
(19) To administer the premium discounts provided under RCW 48.41.200(3)(a) (i) and (ii) pursuant to a contract with the Washington state health insurance pool."
Renumber the remaining sections consecutively and correct internal references accordingly.
Senators Jacobsen and Keiser spoke in favor of adoption of the amendment.
POINT OF INQUIRY
Senator Deccio: “Would Senator Jacobsen yield to a question? Senator Jacobsen, does this, will this apply to all returning veterans regardless whether they're in the reserves or not?”
Senator Jacobsen: “As I understand it would but I understand the particular problem is the ones that are in the National Guards and in the reserves. There not as quite well plugged into the Veterans Administration program.”
Senator Deccio: “Well, I have a grandson, 23, came out of Iraq. Would he be eligible? He’s not in the reserves.”
Senator Jacobsen: “That’s my legislative intent.”
Senator Deccio spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 4, line 7 to Second Substitute House Bill No. 2754.
The motion by Senator Jacobsen carried and the amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "43.60A.010" insert "and 70.47.060"
MOTION
On motion of Senator Kastama, the rules were suspended, Second Substitute House Bill No. 2754 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 2754 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2754 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46
Absent: Senator Pflug - 1
Excused: Senators McCaslin and Oke - 2
SECOND SUBSTITUTE HOUSE BILL NO. 2754 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 3033, by House Committee on Economic Development, Agriculture & Trade (originally sponsored by Representatives Pettigrew, Kristiansen, Grant, Kretz, Holmquist, Cox, B. Sullivan, Clements, Campbell, Haigh, Newhouse and Linville)
Creating an advisory committee to evaluate animal identification programs.
The measure was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Substitute House Bill No. 3033 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Rasmussen and Morton spoke in favor of passage of the bill.
POINT OF INQUIRY
Senator Roach: “Would Senator Rasmussen yield to a question? Senator Rasmussen, does this bill include goats?”
Senator Rasmussen: “No.”
Senator Roach spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute House Bill No. 3033.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3033 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators McCaslin and Oke - 2
SUBSTITUTE HOUSE BILL NO. 3033, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The Senate resumed consideration of Substitute Senate Bill No. 6896 which had been deferred on February 17, 2006.
PARLIAMENTARY INQUIRY
Senator Zarelli: “I had, prior to this striker being presented to us, there were several, I think four amendments, pending. None of which would apply to the striking amendment. So it’d be my desire to withdraw those. There are five new amendments that are drafted to the striking amendment so wherever that puts us in the process, Mr. President. I’m not quite sure.”
REPLY BY THE PRESIDENT
President Owen: “Senator Zarelli, we had moved your amendment. The first thing you need to do to move forward to your other amendment is to withdraw the amendment that is before us at this time.”
WITHDRAWAL OF AMENDMENT
On motion of Senator Zarelli, the amendments by Senator Zarelli on pages 3, 5, and 14, lines 27, 18 and 1 to Substitute Senate Bill No. 6896 were withdrawn.
MOTION
Senator Doumit moved that the following striking amendment by Senators Doumit and Prentice be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 41.45 RCW to read as follows:
The pension funding stabilization account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for payment of state government employer contributions for members of the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, and the public safety employees' retirement system. The account may not be used to pay for any new benefit or for any benefit increase that takes effect after July 1, 2005. An increase that is provided in accordance with a formula that is in existence on July 1, 2005, is not considered a benefit increase for this purpose. Moneys in the account shall be for the exclusive use of the specified retirement systems and invested by the state investment board pursuant to RCW 43.33A.030 and 43.33A.170. For purposes of RCW 43.135.035, expenditures from the pension funding stabilization account shall not be considered a state program cost shift from the state general fund to another account.
NEW SECTION. Sec. 2. A new section is added to chapter 41.45 RCW to read as follows:
(1) The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment moneys in the pension funding stabilization account. The pension funding stabilization account shall be considered to be a public pension or retirement fund within the meaning of Article XXIX, section 1 of the state Constitution, for the purpose of determining eligible investments and deposits of the moneys therein. All investment and operating costs associated with the investment of money shall be paid pursuant to RCW 43.33A.160 and 43.84.160. With the exception of these expenses, the earnings from the investment of the money shall be retained by the account.
(2) All investments made by the state investment board shall be made with the exercise of that degree of judgment and care pursuant to RCW 43.33A.140 and the investment policies established by the state investment board.
(3) As deemed appropriate by the state investment board, moneys in the account may be commingled for investment with other funds subject to investment by the board.
NEW SECTION. Sec. 3. A new section is added to chapter 41.45 RCW to read as follows:
(1) It is the intent of the legislature to provide for the systematic funding of the plan 1 unfunded accrued actuarial liabilities in a manner that promotes contribution rate adequacy and stability for the affected systems. The rates established in this section shall be collected in addition to the rates established pursuant to RCW 41.45.062.
(2) Beginning September 1, 2006, a 1.29 percent contribution is established as part of the basic state and employer contribution rate for the teachers' retirement system, to be used for the sole purpose of amortizing the unfunded accrued actuarial liability in the teachers' retirement system plan 1.
(3) Beginning September 1, 2006, a 0.87 percent contribution is established as part of the basic state and employer contribution rate for the school employees' retirement system, to be used for the sole purpose of amortizing the unfunded accrued actuarial liability in the public employees' retirement system plan 1.
(4) Beginning January 1, 2007, a 1.77 percent contribution is established as part of the basic state and employer contribution rate for the public employees' retirement system and the public safety employees' retirement system, to be used for the sole purpose of amortizing the unfunded accrued actuarial liability in the public employees' retirement system plan 1.
(5) The contribution rates in this section shall be collected through June 30, 2007, for the public employees' retirement system and the public safety employees' retirement system and August 31, 2007, for the teachers' retirement system and the school employees' retirement system.
(6) Upon completion of the 2005 actuarial valuation, the pension funding council and the state actuary shall review the contribution rates for the plan 1 unfunded actuarial accrued liability for fiscal year 2008 and fiscal year 2009 and by September 30, 2006, the pension funding council shall adopt contribution rates to complete the three-year phase-in schedule, adjusted for any material changes in benefits or actuarial assumptions, methods, and experience. The expected present value of projected contributions during the three-year phase-in period shall be the same as the expected present value of projected contributions that would have been collected without the phase-in, as determined by the state actuary and adjusted for any material changes in benefits or actuarial assumptions, methods, or experience.
NEW SECTION. Sec. 4. The sum of three hundred fifty million dollars is appropriated for the fiscal year ending June 30, 2006, from the general fund to the pension funding stabilization account for the purposes of section 1 of this act.
NEW SECTION. Sec. 5. The sum of two hundred million dollars is appropriated for the fiscal year ending June 30, 2006, from the general fund to the health services account for the purposes of providing fiscal stability for the account.
NEW SECTION. Sec. 6. The sum of two hundred seventy-five million dollars is appropriated for the fiscal year ending June 30, 2006, from the general fund to the student achievement fund for the purposes of providing fiscal stability for the fund.
Sec. 7. RCW 43.135.025 and 2000 2nd sp.s. c 2 s 1 are each amended to read as follows:
(1) The state shall not expend from the general fund during any fiscal year state moneys in excess of the state expenditure limit established under this chapter.
(2) Except pursuant to a declaration of emergency under RCW 43.135.035 or pursuant to an appropriation under RCW 43.135.045(4)(b), the state treasurer shall not issue or redeem any check, warrant, or voucher that will result in a state general fund expenditure for any fiscal year in excess of the state expenditure limit established under this chapter. A violation of this subsection constitutes a violation of RCW 43.88.290 and shall subject the state treasurer to the penalties provided in RCW 43.88.300.
(3) The state expenditure limit for any fiscal year shall be the previous fiscal year's state expenditure limit increased by a percentage rate that equals the fiscal growth factor.
(4) For purposes of computing the state expenditure limit for the fiscal year beginning July 1, 1995, the phrase "the previous fiscal year's state expenditure limit" means the total state expenditures from the state general fund, not including federal funds, for the fiscal year beginning July 1, 1989, plus the fiscal growth factor. This calculation is then computed for the state expenditure limit for fiscal years 1992, 1993, 1994, and 1995, and as required under RCW 43.135.035(4).
(5) A state expenditure limit committee is established for the purpose of determining and adjusting the state expenditure limit as provided in this chapter. The members of the state expenditure limit committee are the director of financial management, the attorney general or the attorney general's designee, and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations. All actions of the state expenditure limit committee taken pursuant to this chapter require an affirmative vote of at least three members.
(6) Each November, the state expenditure limit committee shall adjust the expenditure limit for the preceding fiscal year based on actual expenditures and known changes in the fiscal growth factor and then project an expenditure limit for the next two fiscal years. In calculating the expenditure limit for fiscal year 2006, the calculation shall be the expenditure limit established by the state expenditure limit committee in November 2005 adjusted as provided by this chapter and adjusted to include the fiscal year 2006 state general fund appropriations to the pension funding stabilization account, the health services account, and the student achievement fund in chapter . . ., Laws of 2006 (this act). If, by November 30th, the state expenditure limit committee has not adopted the expenditure limit adjustment and projected expenditure limit as provided in subsection (5) of this section, the attorney general or his or her designee shall adjust or project the expenditure limit, as necessary.
(7) "Fiscal growth factor" means the average of the sum of inflation and population change for each of the prior three fiscal years.
(8) "Inflation" means the percentage change in the implicit price deflator for the United States for each fiscal year as published by the federal bureau of labor statistics.
(9) "Population change" means the percentage change in state population for each fiscal year as reported by the office of financial management.
Sec. 8. RCW 43.135.035 and 2005 c 72 s 2 are each amended to read as follows:
(1) After July 1, 1995, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken only if approved by a two-thirds vote of each house, and then only if state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter. However, for legislation enacted between the effective date of this 2005 act and June 30, 2007, any action or combination of actions by the legislature that raises state revenue or requires revenue-neutral tax shifts may be taken with the approval of a majority of members elected to each house, so long as state expenditures in any fiscal year, including the new revenue, will not exceed the state expenditure limits established under this chapter.
(2)(a) If the legislative action under subsection (1) of this section will result in expenditures in excess of the state expenditure limit, then the action of the legislature shall not take effect until approved by a vote of the people at a November general election. The state expenditure limit committee shall adjust the state expenditure limit by the amount of additional revenue approved by the voters under this section. This adjustment shall not exceed the amount of revenue generated by the legislative action during the first full fiscal year in which it is in effect. The state expenditure limit shall be adjusted downward upon expiration or repeal of the legislative action.
(b) The ballot title for any vote of the people required under this section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a spending increase above last year's authorized spending adjusted for inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon declaration of an emergency for a period not to exceed twenty-four months by a law approved by a two-thirds vote of each house of the legislature and signed by the governor. The law shall set forth the nature of the emergency, which is limited to natural disasters that require immediate government action to alleviate human suffering and provide humanitarian assistance. The state expenditure limit may be exceeded for no more than twenty-four months following the declaration of the emergency and only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under this section may be imposed only until thirty days following the next general election, unless an extension is approved at that general election. The additional taxes shall expire upon expiration of the declaration of emergency. The legislature shall not impose additional taxes for emergency purposes under this subsection unless funds in the education construction fund have been exhausted.
(c) The state or any political subdivision of the state shall not impose any tax on intangible property listed in RCW 84.36.070 as that statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted from the state general fund on or after January 1, 1993, to another source of funding, or if moneys are transferred from the state general fund to another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall lower the state expenditure limit to reflect the shift. For purposes of this section, expenditures from the pension funding stabilization account shall not be considered a state program cost shift from the state general fund to another account. For the purposes of this section, a transfer of money from the state general fund to another fund or account includes any state legislative action taken that has the effect of reducing revenues from a particular source, where such revenues would otherwise be deposited into the state general fund, while increasing the revenues from that particular source to another state or local government account. This subsection does not apply to the dedication or use of lottery revenues under RCW 67.70.240(3) or property taxes under RCW 84.52.068, in support of education or education expenditures.
(5) If the cost of any state program or function is shifted to the state general fund on or after January 1, 2000, from another source of funding, or if moneys are transferred to the state general fund from another fund or account, the state expenditure limit committee, acting pursuant to RCW 43.135.025(5), shall increase the state expenditure limit to reflect the shift.
Sec. 9. RCW 43.84.092 and 2005 c 514 s 1105, 2005 c 353 s 3, 2005 c 339 s 22, 2005 c 314 s 109, 2005 c 312 s 7, and 2005 c 94 s 1 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the freight mobility investment account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional transportation investment district account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the transportation partnership account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
Sec. 10. RCW 43.84.092 and 2005 c 514 s 1106, 2005 c 353 s 4, 2005 c 339 s 23, 2005 c 314 s 110, 2005 c 312 s 8, and 2005 c 94 s 2 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the freight mobility investment account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the real estate appraiser commission account, the regional transportation investment district account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the transportation partnership account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 11. Section 9 of this act expires July 1, 2006.
NEW SECTION. Sec. 12. Sections 7 and 8 of this act expire July 1, 2007.
NEW SECTION. Sec. 13. 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, except section 10 of this act, which takes effect July 1, 2006."
Senator Doumit spoke in favor of adoption of the striking amendment.
MOTION
Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.
On page 3, beginning on line 3, strike all material through line 14.
Senators Zarelli and Pflug spoke in favor of adoption of the amendment to the striking amendment.
Senators Brown and Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 3, line 3 to the striking amendment to Substitute Senate Bill No. 6896.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators McCaslin and Oke - 2
MOTION
Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.
On page 3, beginning on line 27, strike all material down to and including line 3 on page 7. Renumber the sections consecutively and correct internal references accordingly.
On page 14, line 5 of the title amendment, strike "amending RCW 43.135.025 and 43.135.035;"
Senator Zarelli spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 3, line 27 to the striking amendment to Substitute Senate Bill No. 6896.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators McCaslin and Oke - 2
MOTION
Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.
On page 5, line 18, strike "2007", and insert "((2007)) 2006"
Renumber the sections consecutively and correct any internal references accordingly.
Senators Zarelli and Doumit spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 5, line 18 to the striking amendment to Substitute Senate Bill No. 6896.
The motion by Senator Zarelli carried and the amendment to the striking amendment was adopted by voice vote.
MOTION
Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.
On page 13, at the beginning of line 27, strike all material through line 31.
Renumber the sections consecutively and correct any internal references accordingly.
On page 14, line 8 of the title amendment, after "date;", strike the remainder of the title and insert "and providing expiration dates."
Senator Zarelli spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senators Brown and Jacobsen spoke on the adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
Senator Brown spoke against adoption of the amendment to the striking amendment.
Senators Johnson and Pflug spoke in favor of adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 13, line 27 to the striking amendment to Substitute Senate Bill No. 6896.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators McCaslin and Oke - 2
MOTION
Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.
On page 13, beginning on line 27, strike all material down to and including line 31 and insert the following:
"NEW SECTION. Sec. 13. This act takes effect January 1, 2007, if the proposed amendment to Article VII, of the state Constitution (SJR 8222) is validly submitted to and is approved and ratified by the voters at a general election held in November, 2006. If the proposed amendment is not approved and ratified, this act is void in its entirety."
Senator Zarelli spoke in favor of adoption of the amendment to the striking amendment.
Senator Doumit spoke against adoption of the amendment to the striking amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 13, line 27 to the striking amendment to Substitute Senate Bill No. 6896.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senators McCaslin and Oke - 2
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Doumit and Prentice as amended to Substitute Senate Bill No. 6896.
The motion by Senator Doumit carried and the striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted.
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "funding state budgetary reserves including an adjustment to the state expenditure limit; amending RCW 43.135.025 and 43.135.035; reenacting and amending RCW 43.84.092 and 43.84.092; adding new sections to chapter 41.45 RCW; making appropriations; providing an effective date; providing expiration dates; and declaring an emergency."
MOTION
On motion of Senator Doumit, the rules were suspended, Engrossed Substitute Senate Bill No. 6896 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Doumit and Brown spoke in favor of passage of the bill.
Senator Zarelli spoke against passage of the bill.
MOTION
On motion of Senator Schoesler, Senator Finkbeiner was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6896.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6896 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Voting nay: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Excused: Senators McCaslin and Oke - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 6896, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Engrossed Substitute Senate Bill No. 6896 was immediately transmitted to the House of Representatives.
PERSONAL PRIVILEGE
Senator McCaslin: “I’d like to have Senator Brown get that resolution ready Gonzaga just won their tournament by one point.”
MOTION
On motion of Senator Eide, the Senate reverted to the first order of business.
REPORTS OF STANDING COMMITTEES
March 6, 2006
HB 3317Prime Sponsor, Ahern: Changing provisions relating to driving under the influence of intoxicating liquor or any drug. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin and Rasmussen
Referred to the Committee on Ways & Means.
MOTION
On motion of Senator Eide, the measure listed on the Standing Committee Report was held at the desk.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House grants the request of Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6386. The Speaker has appointed the following members as Conferees
Representatives Sommers,Fromhold,Alexander.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House grants the request of Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6384. The Speaker has appointed the following members as Conferees:
Representatives Dunshee, Ormsby, Jarrett.
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE HOUSE BILL NO. 2880,
and the same is herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE SENATE BILL NO. 6512,
SUBSTITUTE SENATE BILL NO. 6686,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The House concurred in Senate amendment{s} to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 2812,
SUBSTITUTE HOUSE BILL NO. 2836,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1020,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080,
SUBSTITUTE HOUSE BILL NO. 1107,
THIRD SUBSTITUTE HOUSE BILL NO. 1226,
SUBSTITUTE HOUSE BILL NO. 1257,
SUBSTITUTE HOUSE BILL NO. 1510,
SUBSTITUTE HOUSE BILL NO. 1650,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1850,
SECOND SUBSTITUTE HOUSE BILL NO. 2002,
ENGROSSED HOUSE BILL NO. 2322,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2353,
SUBSTITUTE HOUSE BILL NO. 2382,
SUBSTITUTE HOUSE BILL NO. 2384,
SUBSTITUTE HOUSE BILL NO. 2415,
SUBSTITUTE HOUSE BILL NO. 2457,
SUBSTITUTE HOUSE BILL NO. 2471,
SUBSTITUTE HOUSE BILL NO. 2543,
SUBSTITUTE HOUSE BILL NO. 2573,
SUBSTITUTE HOUSE BILL NO. 2596,
ENGROSSED THIRD SUBSTITUTE HOUSE BILL NO. 2939,
SUBSTITUTE HOUSE BILL NO. 2974,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2984,
SUBSTITUTE HOUSE BILL NO. 2985,
SUBSTITUTE HOUSE BILL NO. 3178,
SUBSTITUTE HOUSE BILL NO. 3182,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2006
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED HOUSE BILL NO. 1069,
SECOND SUBSTITUTE HOUSE BILL NO. 1384,
FOURTH SUBSTITUTE HOUSE BILL NO. 1483,
SUBSTITUTE HOUSE BILL NO. 2033,
SUBSTITUTE HOUSE BILL NO. 2233,
SECOND SUBSTITUTE HOUSE BILL NO. 2342,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2352,
SUBSTITUTE HOUSE BILL NO. 2402,
SUBSTITUTE HOUSE BILL NO. 2407,
SUBSTITUTE HOUSE BILL NO. 2426,
SUBSTITUTE HOUSE BILL NO. 2446,
SECOND SUBSTITUTE HOUSE BILL NO. 2498,
SUBSTITUTE HOUSE BILL NO. 2500,
SUBSTITUTE HOUSE BILL NO. 2537,
ENGROSSED HOUSE BILL NO. 2579,
SUBSTITUTE HOUSE BILL NO. 2654,
SECOND SUBSTITUTE HOUSE BILL NO. 2789,
SUBSTITUTE HOUSE BILL NO. 2817,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2848,
SUBSTITUTE HOUSE BILL NO. 2867,
SUBSTITUTE HOUSE BILL NO. 2917,
SUBSTITUTE HOUSE BILL NO. 2958,
SECOND SUBSTITUTE HOUSE BILL NO. 2964,
SUBSTITUTE HOUSE BILL NO. 2973,
SUBSTITUTE HOUSE BILL NO. 3113,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
At 8:29 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Tuesday, March 7, 2006.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
1020-S
1069
1080-S
1107-S
1226-S3
1257-S
1384-S2
1439
1483-S4
1510-S
1650-S
1850-S
1966
2002-S2
2033-S
2155-S
2233-S
2322
2342-S2
2345-S
2348
2352-S
2353-S2
2381
2382-S
2384-S
2386
2402-S
2407-S
2415-S
2418-S2
2426-S
2446-S
2457-S
2465
2466
2471-S
2477
2498-S2
2500-S
2501
2537-S
2543-S
2544
2553-S
2567
2573-S
2575-S2
2579
2582-S
2582-S2
2596-S
2606
2617
2654-S
2678-S
2680-S
2681
2704
2754-S2
2789-S2
2812-S
2817-S
2836-S
2848-S
2867-S
2880-S
2917-S
2939-S3
2958-S
2964-S2
2972
2973-S
2974-S
2975
2984-S
2985-S
2991
3033-S
3041
3048
3113-S
3122
3139
3156
3164-S
3178
3182-S
3205
3277
3317
4223
5042-S
5048
5204-S
5232
5305-S
5330
5535-S
Final Passage as amended by House
5714
Final Passage as amended by House
5717-S2
5838-S
6141-S
6144-S
6161-S
6168-S
6172-S2
Final Passage as amended by House
6189-S
6223-S
Final Passage as amended by House
6225-S
Final Passage as amended by House
6231
6241-S
6244-S
Final Passage as amended by House
6247-S
6255-S
Final Passage as amended by House
6257-S
6287-S
Final Passage as amended by House
6319-S2
Final Passage as amended by House
6330-S
6364
Final Passage as amended by House
6366-S
6369-S
6371
6376
6382-S
6384-S
6386-S
6396-S
Final Passage as amended by House
6401-S
6411
6415
6416
6417-S
6427-S
Final Passage as amended by House
6428-S
Final Passage as amended by House
6429
Final Passage as amended by House
6441-S
6463
6473-S
6475-S
Final Passage as amended by House
6504
6508-S
Final Passage as amended by House
6512-S
6531
6539
6545
6570-S
6571-S
6572-S
6580-S
6606
6658
6670-S
6674
6679-S
6680
6686-S
6720
6723
6762
6766
6776-S
6781-S
6791-S
6802-S
6816
6839-S
6861
6870-S
6896-S
8019
8710
9342 R. James Cook
9368 Bruce Montgomery
9394 Cheryl Scott
9399 Kathleen D. Mix
9402 Gary Locke
MESSAGE FROM STATE OFFICES
Green River Community College Audit Report
Washington Apple Commission Audit Report
Washington State Barely Commission Audit Report
Washington State Barley Commission Audit Report
Washington State Wheat Commission Audit Report 1 2
PRESIDENT OF THE SENATE
WASHINGTON STATE SENATE
Parliamentary Inquiry, Senator Zarelli
Personal Privilege, Senator McCaslin
Point of Inquiry, Senator Deccio
Point of Inquiry, Senator Roach
Point of Order, Senator Honeyford