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2010-2011 SESSION LAWS OF THE STATE OF WASHINGTON 2010 SECOND SPECIAL SESSION SIXTY-FIRST LEGISLATURE Convened December 11, 2010. Adjourned December 11, 2010. 2011 REGULAR SESSION SIXTY-SECOND LEGISLATURE Convened January 10, 2011. Adjourned April 22, 2011. Published at Olympia by the Statute Law Committee under Chapter 44.20 RCW. K. KYLE THIESSEN Code Reviser http://www.leg.wa.gov/codereviser

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  • 2010-2011

    SESSION LAWSOF THE

    STATE OF WASHINGTON

    2010 SECOND SPECIAL SESSIONSIXTY-FIRST LEGISLATURE

    Convened December 11, 2010. Adjourned December 11, 2010.

    2011 REGULAR SESSIONSIXTY-SECOND LEGISLATURE

    Convened January 10, 2011. Adjourned April 22, 2011.

    Published at Olympia by the Statute Law Committee under Chapter 44.20 RCW.

    K. KYLE THIESSENCode Reviser

    http://www.leg.wa.gov/codereviser

  • WASHINGTON SESSION LAWSGENERAL INFORMATION

    [ ii ]

    1. EDITIONS AVALIABLE.(a) General Information. The session laws are printed in a permanent softbound edi-

    tion containing the accumulation of all laws adopted in the legislative session. Theedition contains a subject index and tables indicating Revised Code of Washingtonsections affected.

    (b) Where and how obtained - price. The permanent session laws may be orderedfrom the Statute Law Committee, Pritchard Building, P.O. Box 40552, Olympia,Washington 98504-0552. The edition costs $25.00 per set plus applicable stateand local sales taxes and $7.00 shipping and handling. All orders must be accom-panied by payment.

    2. PRINTING STYLE - INDICATION OF NEW OR DELETED MATTER.The session laws are presented in the form in which they were enacted by the legisla-ture. This style quickly and graphically portrays the current changes to existing law as follows:(a) In amendatory sections

    (i) underlined matter is new matter.(ii) deleted matter is ((lined out and bracketed between double parentheses)).

    (b) Complete new sections are prefaced by the words NEW SECTION.3. PARTIAL VETOES.

    (a) Vetoed matter is printed in bold italics.(b) Pertinent excerpts of the governor’s explanation of partial vetoes are printed at the

    end of the chapter concerned.4. EDITORIAL CORRECTIONS. Words and clauses inserted in the session laws under

    the authority of RCW 44.20.060 are enclosed in [brackets].5. EFFECTIVE DATE OF LAWS.

    (a)The state Constitution provides that unless otherwise qualified, the laws of anysession take effect ninety days after adjournment sine die. The Secretary of Statehas determined the pertinent date for the Laws of the 2011 regular session to be thefirst moment of July 22, 2011.

    (b) Laws that carry an emergency clause take effect immediately upon approval bythe Governor.

    (c) Laws that prescribe an effective date take effect upon that date.6. INDEX AND TABLES.

    A cumulative index and tables of all 2011 laws may be found at the back of the final volume.

  • TABLE OF CONTENTS

    ChapterNo.

    BillNo. Subject Page

    [ iii ]

    2010 SECOND SPECIAL SESSION

    1 HB 3225 Operating budget—Second special session amendments . . . . . . 12 SSB 6892 Delinquent taxes—Penalties—Temporary waiver program . . 1293 SSB 6893 Child support pass through—Suspension. . . . . . . . . . . . . . . . . 133

    2011 SESSION

    1 HB 0001 Tax and fee increases imposed by state government . . . . . . . . 1372 HB 0002 Reversing certain 2010 amendments to state tax laws . . . . . . . 1413 SB 5135 Unemployment insurance program—Temporary

    modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564 EHB 1091 Unemployment insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1715 PV ESHB 1086 FY 2011 supplemental operating budget . . . . . . . . . . . . . . . . . 2066 SSB 5801 Industrial insurance—Health care provider network—

    Centers for occupational health and education . . . . . . . . . 3777 SB 5763 Retail sales tax exemption—Nonresidents—Value

    added tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3818 ESHB 1846 Student loans—Aerospace training . . . . . . . . . . . . . . . . . . . . . 3839 HB 1649 Domestic partnerships—Out-of-state—Recognition . . . . . . . . 385

    10 ESSB 5124 Elections—Mail ballots—Voting centers . . . . . . . . . . . . . . . . 38611 SSB 5157 Foreign trade zones—Port districts . . . . . . . . . . . . . . . . . . . . . 42812 ESSB 5747 Horse racing—Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42913 HB 1016 Firearms—Noise suppressors. . . . . . . . . . . . . . . . . . . . . . . . . . 43114 EHB 1028 City population determinations . . . . . . . . . . . . . . . . . . . . . . . . 43215 ESHB 1055 Contractors—Appeals process . . . . . . . . . . . . . . . . . . . . . . . . . 43416 HB 1069 Unclaimed remains—Disposition . . . . . . . . . . . . . . . . . . . . . . 43717 HB 1129 Traffic safety—Curriculum—Bicycles and pedestrians . . . . . 43818 HB 1150 Small businesses—Civil violation—Time to correct. . . . . . . . 43919 SHB 1247 Secure community transition facilities—Staffing . . . . . . . . . . 44020 SHB 1294 State conservation corps—Puget Sound corps—

    Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44221 HB 1298 Support order summary report forms—Elimination . . . . . . . . 45222 HB 1345 Uniform unsworn foreign declarations act. . . . . . . . . . . . . . . . 45423 HB 1347 Sales and use taxes—Exemptions . . . . . . . . . . . . . . . . . . . . . . 45624 EHB 1357 Department of revenue—Electronic remittance and reporting

    of taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46325 HB 1412 High school—Mathematics—End-of-course assessments. . . . 46926 HB 1424 Student financial aid—Scholarships and repayment—

    Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47027 HB 1488 State board of health—Authority . . . . . . . . . . . . . . . . . . . . . . . 47528 SHB 1571 Electric vehicles—Battery charging stations . . . . . . . . . . . . . . 47829 ESHB 1572 Public utility districts—Water and sewer bills—Low-income

    assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48130 HB 1618 Public utility districts—Deferred compensation . . . . . . . . . . . 48231 HB 1694 Unauthorized insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48332 ESSB 5307 Medical professions—Licensing—Military experience . . . . . 490

  • TABLE OF CONTENTS

    ChapterNo.

    BillNo. Subject Page

    [ iv ]

    33 SB 5057 Trustees—Income tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49234 ESB 5058 Receivership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49335 SSB 5071 UW health sciences library—Access—Midwives and

    therapists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50736 SSB 5115 Real property—Private transfer fee obligations . . . . . . . . . . . . 50837 SB 5116 Public hospital districts—Powers—Real or personal property

    gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51138 SB 5149 Department of health—Cancer registry—Employment

    information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51439 ESSB 5594 Health care facilities—Hazardous drugs—Handling . . . . . . . . 51540 SSB 5152 Naturopathic physicians—Scope of practice . . . . . . . . . . . . . . 51641 HB 1181 State board of naturopathy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51842 SSB 5495 Washington business corporation act—Shareholder quorum

    and voting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . .52543 SB 5170 District court—Judges—Grant county . . . . . . . . . . . . . . . . . . . 52644 SB 5174 K-12 schools—Civil rights education . . . . . . . . . . . . . . . . . . . 52745 SSB 5184 K-12 schools—Second-class districts—Compliance reports . . 52746 SSB 5195 Prosecuting attorney discretion—Driving while license

    suspended or revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53447 SB 5213 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53548 SB 5224 Condominiums—Resale certificates—Preparation charges. . . 55849 ESB 5242 Law enforcement training—Motorcycle profiling . . . . . . . . . . 56150 SB 5295 Irrigation districts—Leasing power—Duration . . . . . . . . . . . . 56151 SSB 5337 Airports—Private—Financial assistance . . . . . . . . . . . . . . . . . 56252 SB 5375 Department of financial institutions—Authority—Trust

    companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56453 SB 5388 Landowner liability—Recreational areas . . . . . . . . . . . . . . . . . 56754 SB 5492 Washington beer commission. . . . . . . . . . . . . . . . . . . . . . . . . . 56855 SB 5501 Taxation—Employee meals . . . . . . . . . . . . . . . . . . . . . . . . . . . 57156 SSB 5538 Conservation corps programs—Compensation exemption—

    Trail maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57357 SSB 5574 Collection agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57358 2SHB 1362 Foreclosures—Homeowner assistance and protection . . . . . . . 58059 HB 1012 Planning commission—Members—Terms of office . . . . . . . . 59860 SHB 1048 Technical corrections—References to campaign finance

    provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59861 SHB 1105 Child welfare cases—Fatality review. . . . . . . . . . . . . . . . . . . . 65162 SHB 1172 Beer and wine—Tasting—Farmers markets . . . . . . . . . . . . . . 65463 HB 1179 Public employees—Meetings—Legislative issues. . . . . . . . . . 66064 PV E2SHB 1206 Harassment—Criminal justice participants . . . . . . . . . . . . . . . 66065 HB 1215 Impounded vehicles—Storage charges . . . . . . . . . . . . . . . . . . 66366 HB 1227 Wine corkage fees—Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . 66567 SHB 1243 Crimes against livestock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66968 HB 1263 Corrections entities—Formation by cities and counties. . . . . . 67069 HB 1303 Insurance commissioner—Repeal of certain authority . . . . . . 67470 SHB 1304 Health care assistants—Administration of drugs . . . . . . . . . . . 67471 HB 1353 Pharmacy technicians—Continuing education requirements. . 67572 HB 1391 Groundwater rights—Columbia basin project . . . . . . . . . . . . . 67673 PV ESHB 1489 Water quality—Fertilizer restrictions. . . . . . . . . . . . . . . . . . . . 677

  • TABLE OF CONTENTS

    ChapterNo.

    BillNo. Subject Page

    [ v ]

    74 ESHB 1492 Uniform commercial code article 9A. . . . . . . . . . . . . . . . . . . . 68275 2SHB 1519 K-12 schools—Students with cognitive disabilities—

    Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73976 SHB 1575 Ambulatory surgical facilities—Regulation. . . . . . . . . . . . . . . 74077 E2SHB 1808 High school students—Postsecondary credit opportunities . . . 74278 SB 5172 Child care facilities—Licensing requirements—Facility

    employee exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74479 SHB 1585 Intrastate mutual aid system. . . . . . . . . . . . . . . . . . . . . . . . . . . 74680 HB 1625 State employee retirement—Plan 3—Default investment

    option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75181 HB 1709 Insurance—Group disability . . . . . . . . . . . . . . . . . . . . . . . . . . 75382 SHB 1719 Employer liability—Vehicles—Third-party occupants . . . . . . 75483 2SHB 1803 Columbia river basin management program . . . . . . . . . . . . . . 75584 ESHB 1826 Property taxes—Valuation—Appeal protections. . . . . . . . . . . 76385 HB 1937 Local improvement districts—Funding—Innovation

    partnership zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76486 HB 1939 Agency-affiliated counselors—Federally recognized tribes . . 76687 SB 5011 Crimes against homeless persons—Aggravating

    circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76888 SSB 5018 Occupational therapy—Wound care management. . . . . . . . . . 78189 ESSB 5020 Social workers—Use of title . . . . . . . . . . . . . . . . . . . . . . . . . . 78490 SB 5033 Water-sewer district real property—Sale . . . . . . . . . . . . . . . . . 82191 ESSB 5068 Industrial health and safety act—Appeals—Abatement of

    violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82292 SSB 5070 Prevailing wage records requests . . . . . . . . . . . . . . . . . . . . . . . 82593 SB 5076 Department of financial institutions—Subpoena authority . . . 82594 ESSB 5105 Criminally insane—Conditional release—County of origin . . 83095 SB 5117 Rural public hospital district—Population . . . . . . . . . . . . . . . . 83196 SSB 5168 Gross misdemeanors—Maximum sentences—Deportable

    offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83197 SB 5241 Watershed management partnerships—Authority . . . . . . . . . . 87298 SHB 1495 Sale of products—Stolen or misappropriated information

    technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87399 SSB 5300 Public buildings—Use of natural resources . . . . . . . . . . . . . . . 882

    100 SSB 5352 Medicaid enrollees—Eyeglasses—Correctional industry program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 884

    101 SSB 5359 Property taxation—Current use valuation—Contiguous land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 888

    102 SSB 5364 Public water systems—Operating permits . . . . . . . . . . . . . . . . 895103 SSB 5374 Department of agriculture—Technical changes. . . . . . . . . . . . 897104 SSB 5386 Organ donation—Work group . . . . . . . . . . . . . . . . . . . . . . . . . 940105 SB 5395 Domestic violence fatality review panels. . . . . . . . . . . . . . . . . 941106 SSB 5423 Legal financial obligations—Collection . . . . . . . . . . . . . . . . . 942107 SSB 5428 Release of offenders—Notice to schools . . . . . . . . . . . . . . . . . 951108 SSB 5442 Higher education—Accelerated baccalaureate degrees . . . . . . 951109 SB 5463 Community and technical colleges—Common student

    identifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 952110 SB 5482 Human trafficking victims—Housing assistance . . . . . . . . . . . 954111 SSB 5546 Crimes—Human trafficking. . . . . . . . . . . . . . . . . . . . . . . . . . . 957

  • TABLE OF CONTENTS

    ChapterNo.

    BillNo. Subject Page

    [ vi ]

    112 ESSB 5555 Interbasin water right transfers—Notice . . . . . . . . . . . . . . . . . 960113 SB 5849 Estates and trusts—2010 formulas . . . . . . . . . . . . . . . . . . . . . . 965114 ESSB 5585 Street rod vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 966115 SB 5589 Heavy haul industrial corridor—State route number 97 . . . . . 972116 SB 5633 Unclaimed property—Agricultural fair premiums. . . . . . . . . . 973117 SSB 5635 Surface water right permit—Point of diversion . . . . . . . . . . . . 974118 SSB 5664 Lake Washington institute of technology. . . . . . . . . . . . . . . . . 974119 PV SSB 5788 Liquor—Tied house and licensing provisions—Technical

    changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .975120 SSB 5797 Urban arterial trust account—Elimination . . . . . . . . . . . . . . . . 993121 SSB 5800 Off-road motorcycles—Public roads . . . . . . . . . . . . . . . . . . . 1002122 E2SHB 1186 State oil spill program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005123 SHB 1024 Scenic and recreational highway system . . . . . . . . . . . . . . . . 1016124 HB 1074 Metropolitan water pollution abatement advisory

    committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1021125 2SHB 1153 DNA samples collection—Costs . . . . . . . . . . . . . . . . . . . . . . 1022126 SHB 1169 Noxious weed lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1022127 EHB 1171 High capacity transportation system plans . . . . . . . . . . . . . . . 1023128 HB 1190 Medical billing—Anatomic pathology services. . . . . . . . . . . 1026129 HB 1191 Mortgage lending fraud prosecution account—Extension . . . 1027130 EHB 1223 Street vacation hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1028131 HB 1239 Excise taxes—Delinquency—Lien . . . . . . . . . . . . . . . . . . . . 1029132 SHB 1266 Landlord-tenant act—Modifications . . . . . . . . . . . . . . . . . . . 1032133 HB 1340 Unlawful hunting of big game . . . . . . . . . . . . . . . . . . . . . . . . 1054134 SHB 1402 Gambling—House-banked social card game businesses—

    Annexation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1055135 SHB 1438 Interstate compact for adult offender supervision . . . . . . . . . 1056136 HB 1477 Eastern Washington University—Education specialist

    degrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1056137 SHB 1565 Domestic violence protection orders—Termination and

    modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1057138 SHB 1595 Foreign medical school graduates . . . . . . . . . . . . . . . . . . . . . 1060139 SHB 1596 Ambulance utilities—Cities and towns—Cost allocation . . . 1061140 EHB 1703 Legislation—School district fiscal notes . . . . . . . . . . . . . . . . 1063141 ESHB 1731 Regional fire protection service authorities . . . . . . . . . . . . . . 1065142 SHB 1966 Commercial drivers' licenses—Agricultural products . . . . . . 1069143 SHB 1614 Traumatic brain injury strategic partnership . . . . . . . . . . . . . 1070144 HB 1432 Veterans—Preference in employment . . . . . . . . . . . . . . . . . . 1075145 ESSB 5021 Campaign disclosure requirements. . . . . . . . . . . . . . . . . . . . . 1076146 SHB 1822 Western Governors University—Online degrees. . . . . . . . . . 1087147 SHB 1148 Commercial fisheries—Licenses—Spot shrimp . . . . . . . . . . 1088148 SHB 1170 Triage facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1092149 HB 1178 Office of regulatory assistance . . . . . . . . . . . . . . . . . . . . . . . . 1103

  • WASHINGTON LAWS

    2010 SECOND SPECIAL SESSION

  • WASHINGTON LAWS, 2010 2nd Sp. Sess. Ch. 1

    [ 1 ]

    CHAPTER 1[House Bill 3225]

    OPERATING BUDGET—SECOND SPECIAL SESSION AMENDMENTS1 AN ACT Relating to fiscal matters; amending RCW 38.52.105, 38.52.106, 41.26.030,41.32.010, 41.37.010, 41.40.010, and 43.43.120; amending 2010 sp.s. c 37 ss 101, 102, 104, 105,108, 110, 111, 113, 114, 115, 116, 117, 119, 125, 129, 136, 152, 202, 203, 204, 205, 206, 207, 208,209, 210, 211, 212, 214, 221, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 501, 502, 513,603, 604, 605, 606, 607, 608, 609, and 803 (uncodified); amending 2009 c 564 s 110 (uncodified);and declaring an emergency.

    Be it enacted by the Legislature of the State of Washington:

    PART IGENERAL GOVERNMENT

    Sec. 101. 2010 sp.s. c 37 s 101 (uncodified) is amended to read as follows:FOR THE HOUSE OF REPRESENTATIVESGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $33,505,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($32,146,000))

    $30,934,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($65,651,000))

    $64,439,000 Sec. 102. 2010 sp.s. c 37 s 102 (uncodified) is amended to read as follows:

    FOR THE SENATEGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $24,960,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($25,631,000))

    $24,020,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($50,591,000))

    $48,980,000 Sec. 103. 2010 sp.s. c 37 s 104 (uncodified) is amended to read as follows:

    FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITYPROGRAM COMMITTEEGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $1,748,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($1,916,000))

    $1,796,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . . . . (($3,664,000))

    $3,544,000 Sec. 104. 2010 sp.s. c 37 s 105 (uncodified) is amended to read as follows:

    FOR THE OFFICE OF THE STATE ACTUARYGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . . . $200,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . . . (($20,000))

    $19,000Department of Retirement Systems Expense

    Account—State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . $3,305,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . (($3,525,000))

    $3,524,000

    The appropriations in this section are subject to the following conditionsand limitations:

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

    [ 2 ]

    (1) $25,000 of the department of retirement systems—state appropriation isprovided solely for the continued study of local government liabilities forpostretirement medical benefits for members of plan 1 of the law enforcementofficers' and firefighters' retirement system.

    (2) $51,000 of the department of retirement systems expense account—stateappropriation is provided solely for the state actuary to contract with theWashington state institute for public policy for a study of the disability benefitsprovided to the plan 2 and plan 3 members of the public employees' retirementsystem, the teachers' retirement system, and the school employees' retirementsystem. Among the options the institute shall examine include statutory changesto the retirement systems and insurance products. The institute shall report itsfindings and recommendations to the select committee on pension policy byNovember 1, 2009.

    (3) $30,000 of the department of retirement systems expense account—stateappropriation is provided solely for the state actuary to contract with theWashington state institute for public policy to continue the study of long-termdisability benefits for public employees as authorized by subsection (2) of thissection during the 2010 legislative interim. The purpose of the study is todevelop the options identified in the 2009 legislative interim disability benefitstudy, including options related to the public employees' benefits boardprograms, other long-term disability insurance programs, and public employeeretirement system benefits. The institute shall report no later than November 17,2010, new findings and any additional recommendations on the options to theselect committee on pension policy, the senate committee on ways and means,and the house committee on ways and means. The Washington state institute forpublic policy shall work with the health care authority to coordinate analysis andrecommendations with its contracted disability vendor and appropriatestakeholders.

    (4) $175,000 of the general fund—state appropriation for fiscal year 2010 isprovided solely for the office of the state actuary to conduct an independentassessment of alternatives for assuring the long-term financial solvency of theguaranteed education tuition program including suspension of the program. Inconducting this review, the office may contract for assistance, and shall consultwith the higher education coordinating board, the operating budget committeesof the legislature, the office of financial management, and the state's publiccolleges and universities. The office shall report findings, an assessment of themajor alternatives, and suggested actions to the governor and to the relevantlegislative committees by November 15, 2009.

    Sec. 105. 2010 sp.s. c 37 s 108 (uncodified) is amended to read as follows:FOR THE REDISTRICTING COMMISSIONGeneral Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($1,115,000))

    $992,000

    The appropriations in this section are subject to the following conditionsand limitations: $505,000 of the general fund—state appropriation for fiscalyear 2011 is provided solely for the support of legislative redistricting efforts.Prior to the appointment of the redistricting commission, the secretary of thesenate and chief clerk of the house of representatives may jointly authorize theexpenditure of these funds to facilitate preparations for the 2012 redistricting

  • WASHINGTON LAWS, 2010 2nd Sp. Sess. Ch. 1

    [ 3 ]

    effort. Following the appointment of the commission, the house ofrepresentatives and senate shall enter into an interagency agreement with thecommission authorizing the continued expenditure of these funds for legislativeredistricting support.

    Sec. 106. 2009 c 564 s 110 (uncodified) is amended to read as follows:FOR THE SUPREME COURTGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $6,912,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($6,948,000))

    $6,844,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($13,860,000))

    $13,756,000

    The appropriations in this section are subject to the following conditionsand limitations: It is the intent of the legislature that the reductions inappropriations in this section shall be achieved, to the greatest extent possible,by reducing those state government administrative costs that do not affect directclient services or direct service delivery or programs. The agency shall, to thegreatest extent possible, reduce spending in those areas that shall have the leastimpact on implementing its mission.

    Sec. 107. 2010 sp.s. c 37 s 110 (uncodified) is amended to read as follows:FOR THE LAW LIBRARYGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $1,925,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($1,659,000))

    $1,592,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . (($3,584,000))

    $3,517,000

    The appropriations in this section are subject to the following conditionsand limitations: It is the intent of the legislature that the reductions inappropriations in this section shall be achieved, to the greatest extent possible,by reducing those state government administrative costs that do not affect directclient services or direct service delivery or programs. The agency shall, to thegreatest extent possible, reduce spending in those areas that shall have the leastimpact on implementing its mission.

    Sec. 108. 2010 sp.s. c 37 s 111 (uncodified) is amended to read as follows:FOR THE COURT OF APPEALSGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $15,632,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($15,969,000))

    $15,517,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($31,601,000))

    $31,149,000

    The appropriations in this section are subject to the following conditionsand limitations: It is the intent of the legislature that the reductions inappropriations in this section shall be achieved, to the greatest extent possible,by reducing those state government administrative costs that do not affect directclient services or direct service delivery or programs. The agency shall, to thegreatest extent possible, reduce spending in those areas that shall have the leastimpact on implementing its mission.

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    Sec. 109. 2010 sp.s. c 37 s 113 (uncodified) is amended to read as follows:FOR THE ADMINISTRATOR FOR THE COURTSGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $52,644,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($52,562,000))

    $49,760,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . $979,000Judicial Information Systems Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33,406,000Judicial Stabilization Trust Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,598,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . (($146,189,000))

    $143,387,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $1,800,000 of the general fund—state appropriation for fiscal year 2010and (($1,800,000)) $1,687,000 of the general fund—state appropriation for fiscalyear 2011 are provided solely for school districts for petitions to juvenile courtfor truant students as provided in RCW 28A.225.030 and 28A.225.035. Theoffice of the administrator for the courts shall develop an interagency agreementwith the superintendent of public instruction to allocate the funding provided inthis subsection. Allocation of this money to school districts shall be based on thenumber of petitions filed. This funding includes amounts school districts mayexpend on the cost of serving petitions filed under RCW 28A.225.030 bycertified mail or by personal service or for the performance of service of processfor any hearing associated with RCW 28A.225.030.

    (2)(a) $8,252,000 of the general fund—state appropriation for fiscal year2010 and (($8,253,000)) $7,734,000 of the general fund—state appropriation forfiscal year 2011 are provided solely for distribution to county juvenile courtadministrators to fund the costs of processing truancy, children in need ofservices, and at-risk youth petitions. The administrator for the courts, inconjunction with the juvenile court administrators, shall develop an equitablefunding distribution formula. The formula shall neither reward counties withhigher than average per-petition processing costs nor shall it penalize countieswith lower than average per-petition processing costs.

    (b) Each fiscal year during the 2009-11 fiscal biennium, each county shallreport the number of petitions processed and the total actual costs of processingtruancy, children in need of services, and at-risk youth petitions. Counties shallsubmit the reports to the administrator for the courts no later than 45 days afterthe end of the fiscal year. The administrator for the courts shall electronicallytransmit this information to the chairs and ranking minority members of thehouse of representatives appropriations committee and the senate ways andmeans committee no later than 60 days after a fiscal year ends. These reports aredeemed informational in nature and are not for the purpose of distributing funds.

    (3) The distributions made under this subsection and distributions from thecounty criminal justice assistance account made pursuant to section 801 of thisact constitute appropriate reimbursement for costs for any new programs orincreased level of service for purposes of RCW 43.135.060.

  • WASHINGTON LAWS, 2010 2nd Sp. Sess. Ch. 1

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    (4) $5,700,000 of the judicial information systems account—stateappropriation is provided solely for modernization and integration of the judicialinformation system.

    (a) Of this amount, $1,700,000 is for the development of a comprehensiveenterprise-level information technology strategy and detailed business andoperational plans in support of that strategy, and $4,000,000 is to continue tomodernize and integrate current systems and enhance case managementfunctionality on an incremental basis.

    (b) The amount provided in this subsection may not be expended withoutprior approval by the judicial information system committee. The administratorshall regularly submit project plan updates for approval to the judicialinformation system committee.

    (c) The judicial information system committee shall review project progresson a regular basis and may require quality assurance plans. The judicialinformation systems committee shall provide a report to the appropriatecommittees of the legislature no later than November 1, 2011, on the status ofthe judicial information system modernization and integration, and theconsistency of the project with the state's architecture, infrastructure andstatewide enterprise view of service delivery.

    (d) $100,000 of the judicial information systems account—stateappropriation is provided solely for the administrative office of the courts, incoordination with the judicial information system committee, to conduct anindependent third-party executive-level review of the judicial informationsystem. This review shall examine, at a minimum, the scope of the currentproject plan, governance structure, and organizational change managementprocedures. The review will also benchmark the system plans against similarlysized projects in other states or localities, review the large scale program risks,and estimate life cycle costs, including capital and on-going operationalexpenditures.

    (5) $3,000,000 of the judicial information systems account—stateappropriation is provided solely for replacing computer equipment at statecourts, and at state judicial agencies. The administrator for the courts shallprioritize equipment replacement purchasing and shall fund those items that aremost essential or critical. By October 1, 2010, the administrative office of thecourts shall report to the appropriate legislative fiscal committees onexpenditures for equipment under this subsection.

    (6) $12,000 of the judicial information systems account—stateappropriation is provided solely to implement Engrossed Substitute House BillNo. 1954 (sealing juvenile records). If the bill is not enacted by June 30, 2009,the amount provided in this subsection shall lapse.

    (7) $106,000 of the general fund—state appropriation for fiscal year 2010and $106,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely for the twenty-third superior court judge position in Piercecounty. The funds appropriated in this subsection shall be expended only if thejudge is appointed and serving on the bench.

    (8) It is the intent of the legislature that the reductions in appropriations inthis section shall be achieved, to the greatest extent possible, by reducing thosestate government administrative costs that do not affect direct client services ordirect service delivery or programs. The agency shall, to the greatest extent

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

    [ 6 ]

    possible, reduce spending in those areas that shall have the least impact onimplementing its mission.

    (9) $44,000 of the judicial information systems account—stateappropriation is provided solely to implement chapter 272, Laws of 2010 (SHB2680; guardianship).

    (10) $274,000 of the general fund—state appropriation for fiscal year 2011is provided solely for the office of public guardianship to provide guardianshipservices for low-income incapacitated persons.

    (11) $3,797,000 of the judicial information systems account—stateappropriation is provided solely for continued planning and implementation ofimprovements to the court case management system.

    Sec. 110. 2010 sp.s. c 37 s 114 (uncodified) is amended to read as follows:FOR THE OFFICE OF PUBLIC DEFENSEGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $25,385,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($24,591,000))

    $24,288,000Judicial Stabilization Trust Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,923,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($52,899,000))

    $52,596,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) It is the intent of the legislature that the reductions in appropriations inthis section shall be achieved, to the greatest extent possible, by reducing thosestate government administrative costs that do not affect direct client services ordirect service delivery or programs. The agency shall, to the greatest extentpossible, reduce spending in those areas that shall have the least impact onimplementing its mission.

    (2) The amounts provided include funding for expert and investigativeservices in death penalty personal restraint petitions.

    Sec. 111. 2010 sp.s. c 37 s 115 (uncodified) is amended to read as follows:FOR THE OFFICE OF CIVIL LEGAL AIDGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $11,175,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($10,984,000))

    $10,446,000Judicial Stabilization Trust Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,155,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($23,314,000))

    $22,776,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) An amount not to exceed $40,000 of the general fund—stateappropriation for fiscal year 2010 and an amount not to exceed $40,000 of thegeneral fund—state appropriation for fiscal year 2011 may be used to providetelephonic legal advice and assistance to otherwise eligible persons who aresixty years of age or older on matters authorized by RCW 2.53.030(2) (a)through (k) regardless of household income or asset level.

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    (2) It is the intent of the legislature that the reductions in appropriations inthis section shall be achieved, to the greatest extent possible, by reducing thosestate government administrative costs that do not affect direct client services ordirect service delivery or programs. The agency shall, to the greatest extentpossible, reduce spending in those areas that shall have the least impact onimplementing its mission.

    Sec. 112. 2010 sp.s. c 37 s 116 (uncodified) is amended to read as follows:FOR THE OFFICE OF THE GOVERNORGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $5,836,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($5,705,000))

    $5,346,000Economic Development Strategic Reserve Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($13,041,000))

    $12,682,000

    The appropriations in this section are subject to the following conditionsand limitations: $1,500,000 of the economic development strategic reserveaccount appropriation is provided solely for efforts to assist with currently activeindustrial recruitment efforts that will bring new jobs to the state or will retainheadquarter locations of major companies currently housed in the state.

    Sec. 113. 2010 sp.s. c 37 s 117 (uncodified) is amended to read as follows:FOR THE LIEUTENANT GOVERNORGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . . . $752,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . . (($765,000))

    $682,000General Fund—Private/Local Appropriation . . . . . . . . . . . . . . . . . . . . . . $90,000

    TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . (($1,605,000))$1,524,000

    Sec. 114. 2010 sp.s. c 37 s 119 (uncodified) is amended to read as follows:FOR THE SECRETARY OF STATEGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . $21,105,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($14,869,000))

    $13,535,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . $8,082,000Archives and Records Management Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,990,000Charitable Organization Education Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76,000Department of Personnel Service Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $757,000Election Account—State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . $77,000Local Government Archives Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,515,000Election Account—Federal Appropriation. . . . . . . . . . . . . . . . . . . . $31,163,000

    TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($96,634,000))$95,300,000

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

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    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $4,101,000 of the general fund—state appropriation for fiscal year 2010is provided solely to reimburse counties for the state's share of primary andgeneral election costs and the costs of conducting mandatory recounts on statemeasures. Counties shall be reimbursed only for those odd-year election coststhat the secretary of state validates as eligible for reimbursement.

    (2)(a) $1,897,000 of the general fund—state appropriation for fiscal year2010 and (($2,076,000)) $1,845,000 of the general fund—state appropriation forfiscal year 2011 are provided solely for contracting with a nonprofit organizationto produce gavel-to-gavel television coverage of state government deliberationsand other events of statewide significance during the 2009-2011 biennium. Thefunding level for each year of the contract shall be based on the amount providedin this subsection. The nonprofit organization shall be required to raisecontributions or commitments to make contributions, in cash or in kind, in anamount equal to forty percent of the state contribution. The office of thesecretary of state may make full or partial payment once all criteria in thissubsection have been satisfactorily documented.

    (b) The legislature finds that the commitment of on-going funding isnecessary to ensure continuous, autonomous, and independent coverage ofpublic affairs. For that purpose, the secretary of state shall enter into a contractwith the nonprofit organization to provide public affairs coverage.

    (c) The nonprofit organization shall prepare an annual independent audit, anannual financial statement, and an annual report, including benchmarks thatmeasure the success of the nonprofit organization in meeting the intent of theprogram.

    (d) No portion of any amounts disbursed pursuant to this subsection may beused, directly or indirectly, for any of the following purposes:

    (i) Attempting to influence the passage or defeat of any legislation by thelegislature of the state of Washington, by any county, city, town, or otherpolitical subdivision of the state of Washington, or by the congress, or theadoption or rejection of any rule, standard, rate, or other legislative enactment ofany 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.(3) The appropriations in this section are based upon savings assumed from

    the implementation of Senate Bill No. 6122 (election costs).(4) In implementing budget reductions, the office of the secretary of state

    must make its first priority to maintain funding for the elections division.(5) $76,000 of the charitable organization education account—state

    appropriation for fiscal year 2011 is provided solely to implement SecondSubstitute House Bill No. 2576 (corporation and charity fees). If the bill is notenacted by June 30, 2010, the amount provided in this subsection shall lapse.

    (6) $77,000 of the general fund—state appropriation for fiscal year 2010 isprovided solely for deposit to the election account.

  • WASHINGTON LAWS, 2010 2nd Sp. Sess. Ch. 1

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    Sec. 115. 2010 sp.s. c 37 s 125 (uncodified) is amended to read as follows:FOR THE ATTORNEY GENERALGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $5,732,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($5,848,000))

    $5,272,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . $4,026,000New Motor Vehicle Arbitration Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,350,000Legal Services Revolving Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220,909,000Tobacco Prevention and Control Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $270,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . (($238,135,000))

    $237,559,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) The attorney general shall report each fiscal year on actual legal servicesexpenditures and actual attorney staffing levels for each agency receiving legalservices. The report shall be submitted to the office of financial managementand the fiscal committees of the senate and house of representatives no later thanninety days after the end of each fiscal year. As part of its by agency report tothe legislative fiscal committees and the office of financial management, theoffice of the attorney general shall include information detailing the agency'sexpenditures for its agency-wide overhead and a breakdown by division ofdivision administration expenses.

    (2) Prior to entering into any negotiated settlement of a claim against thestate that exceeds five million dollars, the attorney general shall notify thedirector of financial management and the chairs of the senate committee on waysand means and the house of representatives committee on ways and means.

    (3) The office of the attorney general is authorized to expend $2,100,000from the Zyprexa and other cy pres awards towards consumer protection costs inaccordance with uses authorized in the court orders.

    (4) The attorney general shall annually report to the fiscal committees of thelegislature all new cy pres awards and settlements and all new accounts,disclosing their intended uses, balances, the nature of the claim or account,proposals, and intended timeframes for the expenditure of each amount. Thereport shall be distributed electronically and posted on the attorney general's website. The report shall not be printed on paper or distributed physically.

    (5) The executive ethics board must produce a report by the end of thecalendar year for the legislature regarding performance measures on theefficiency and effectiveness of the board, as well as on performance measures tomeasure and monitor the ethics and integrity of all state agencies.

    (6) $53,000 of the legal services revolving account—state appropriation isprovided solely to implement Engrossed Second Substitute House Bill No. 3026(school district compliance with state and federal civil rights laws).

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

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    Sec. 116. 2010 sp.s. c 37 s 129 (uncodified) is amended to read as follows:FOR THE OFFICE OF FINANCIAL MANAGEMENTGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . (($21,189,000))

    $21,089,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($20,152,000))

    $18,285,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . $27,103,000General Fund—Private/Local Appropriation . . . . . . . . . . . . . . . . . . . $1,270,000State Auditing Services Revolving

    Account—State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25,000Economic Development Strategic Reserve Account—

    State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $278,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . (($70,017,000))

    $68,050,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $188,000 of the general fund—state appropriation for fiscal year 2010 isprovided solely for the implementation of Second Substitute Senate Bill No.5945 (Washington health partnership plan). If the bill is not enacted by June 30,2009, the amount provided in this subsection shall lapse.

    (2) The office of financial management shall conduct a study on alternativesfor consolidating or transferring activities and responsibilities of the state lotterycommission, state horse racing commission, state liquor control board, and thestate gambling commission to achieve cost savings and regulatory efficiencies.In conducting the study, the office of financial management shall consult withthe legislative fiscal committees. Further, the office of financial managementshall establish an advisory group to include, but not be limited to, representativesof affected businesses, state agencies or entities, local governments, andstakeholder groups. The office of financial management shall submit a finalreport to the governor and the legislative fiscal committees by November 15,2009.

    (((4))) (3) $110,000 of the general fund—state appropriation for fiscal year2011 is provided solely to implement Second Substitute Senate Bill No. 6578(multiagency permitting teams). If the bill is not enacted by June 30, 2010, theamount provided in this subsection shall lapse.

    (((5))) (4) The office of financial management shall, with the assistance ofthe natural resources cabinet as created in executive order 09-07, reduce thenumber of facilities being leased by the state by consolidating, whereverpossible, regional offices and storage facilities of the natural resource agencies.The office of financial management and the natural resources cabinet shallsubmit a report on the progress of this effort and the associated savings to theappropriate fiscal committees of the legislature no later than December 1, 2010.

    (((7))) (5)(a) $50,000 of the general fund—state appropriation for fiscal year2010 and $150,000 of the general fund—state appropriation for fiscal year 2011are provided solely for the purposes of the office of financial management:

    (i) Conducting a technical and financial analysis of the state's plan for theconsolidated state data center and office building; and

  • WASHINGTON LAWS, 2010 2nd Sp. Sess. Ch. 1

    [ 11 ]

    (ii) Developing a strategic business plan outlining the various options foruse of the site that maximize taxpayer value consistent with the terms of thefinance lease and related agreements.

    (b) The analysis required in (a)(i) of this subsection must consist of, at aminimum, an assessment of the following issues:

    (i) The total capital and operational costs for the proposed data center andoffice building;

    (ii) The occupancy rate for the consolidated state data center, as comparedto total capacity, that will result in revenue exceeding total capital and operatingexpenses;

    (iii) The potential reallocation of resources that could result from theconsolidation of state data centers and office space; and

    (iv) The potential return on investment for the consolidated state data centerand office building that may be realized without impairing any existingcontractual rights under the terms of the financing lease and related agreements.

    (c) This review must build upon the analysis and migration strategy for theconsolidated state data center being prepared for the department of informationservices.

    (d) The strategic plan must be submitted to the governor and the legislatureby December 1, 2010.

    (((8))) (6) Appropriations in this section include amounts sufficient toimplement Engrossed Substitute House Bill No. 3178 (technology efficiencies).

    Sec. 117. 2010 sp.s. c 37 s 136 (uncodified) is amended to read as follows:FOR THE DEPARTMENT OF REVENUEGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . $109,472,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . (($112,319,000))

    $113,279,000Timber Tax Distribution Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,933,000Waste Reduction/Recycling/Litter

    Control—State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130,000Waste Tire Removal Account—State Appropriation . . . . . . . . . . . . . . . . . $2,000Real Estate Excise Tax Grant Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,429,000State Toxics Control Account—State Appropriation . . . . . . . . . . . . . . . . $87,000Oil Spill Prevention Account—State Appropriation . . . . . . . . . . . . . . . . $19,000

    TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . (($231,391,000))$232,351,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $469,000 of the general fund—state appropriation for fiscal year 2010and $374,000 of the general fund—state appropriation for fiscal year 2011 arefor the implementation of Substitute Senate Bill No. 5368 (annual propertyrevaluation). If the bill is not enacted by June 30, 2009, the amounts in thissubsection shall lapse.

    (2) $4,653,000 of the general fund—state appropriation for fiscal year 2010and $4,242,000 of the general fund—state appropriation for fiscal year 2011 arefor the implementation of revenue enhancement strategies. The strategies must

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

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    include increased out-of-state auditing and compliance, the purchase of thirdparty data sources for enhanced audit selection, and increased traditionalauditing and compliance efforts.

    (3) $3,127,000 of the general fund—state appropriation for fiscal year 2010and $1,737,000 of the general fund—state appropriation for fiscal year 2011 arefor the implementation of Senate Bill No. 6173 (sales tax compliance). If thebill is not enacted by June 30, 2009, the amounts provided in this subsectionshall lapse.

    (4) $1,294,000 of the general fund—state appropriation for fiscal year 2010and $3,085,000 of the general fund—state appropriation for fiscal year 2011 arefor the implementation of Second Engrossed Substitute Senate Bill No. 6143(excise tax law modifications). If the bill is not enacted by June 30, 2010, theamounts provided in this subsection shall lapse.

    (5) $163,000 of the general fund—state appropriation for fiscal year 2011 isprovided solely to implement Substitute Senate Bill No. 6846 (enhanced 911services). If the bill is not enacted by June 30, 2010, the amount provided in thissubsection shall lapse.

    (6) $1,200,000 of the general fund—state appropriation for fiscal year 2011is provided solely for making the necessary preparations for implementation ofthe working families tax exemption pursuant to RCW 82.08.0206 in 2012.

    Sec. 118. 2010 sp.s. c 37 s 152 (uncodified) is amended to read as follows:FOR THE GROWTH MANAGEMENT HEARINGS BOARDGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . . . $1,642,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . . (($1,424,000))

    $1,334,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . (($3,066,000))

    $2,976,000

    The appropriations in this section are subject to the following conditionsand limitations: $13,000 of the general fund—state appropriation for fiscal year2011 is provided solely for Substitute House Bill No. 2935 (hearings boards/environment and land use). If the bill is not enacted by June 30, 2010, theamount provided in this subsection shall lapse.

    PART IIHUMAN SERVICES

    Sec. 201. 2010 sp.s. c 37 s 202 (uncodified) is amended to read as follows:FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—CHILDREN AND FAMILY SERVICES PROGRAMGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . $315,002,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . (($306,947,000))

    $293,707,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . (($506,248,000))

    $497,964,000General Fund—Private/Local Appropriation . . . . . . . . . . . . . . . . . . . $3,320,000Home Security Fund Appropriation . . . . . . . . . . . . . . . . . . . . . . . (($10,183,000))

    $9,983,000

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    Domestic Violence Prevention Account—StateAppropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,154,000

    Education Legacy Trust Account—State Appropriation . . . . . . . . . . . . $725,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . (($1,143,579,000))

    $1,121,855,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $937,000 of the general fund—state appropriation for fiscal year 2010and (($742,000)) $696,000 of the general fund—state appropriation for fiscalyear 2011 are provided solely to contract for the operation of one pediatricinterim care facility. The facility shall provide residential care for up to thirteenchildren through two years of age. Seventy-five percent of the children servedby the facility must be in need of special care as a result of substance abuse bytheir mothers. The facility shall also provide on-site training to biological,adoptive, or foster parents. The facility shall provide at least three months ofconsultation and support to parents accepting placement of children from thefacility. The facility may recruit new and current foster and adoptive parents forinfants served by the facility. The department shall not require case managementas a condition of the contract.

    (2) $369,000 of the general fund—state appropriation for fiscal year 2010,$366,000 of the general fund—state appropriation for fiscal year 2011, and$316,000 of the general fund—federal appropriation are provided solely for upto three nonfacility-based programs for the training, consultation, support, andrecruitment of biological, foster, and adoptive parents of children through agethree 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, preferenceshall be given to programs whose federal or private funding sources haveexpired or that have successfully performed under the existing pediatric interimcare program.

    (3) $2,500,000 of the general fund—state appropriation for fiscal year 2010and (($93,000)) $88,000 of the general fund—state appropriation for fiscal year2011, and (($2,407,000)) $2,256,000 of the home security fund—stateappropriation are provided solely for secure crisis residential centers. Withinappropriated amounts, the department shall collaborate with providers tomaintain no less than forty-five beds that are geographically representative of thestate. The department shall examine current secure crisis residential staffingrequirements, flexible payment options, center specific waivers, and otherappropriate methods to accomplish this outcome.

    (4) A maximum of $73,209,000 of the general fund—state appropriationsand $54,596,000 of the general fund—federal appropriations for the 2009-11biennium shall be expended for behavioral rehabilitative services and theseamounts are provided solely for this purpose. The department shall work withbehavioral rehabilitative service providers to safely keep youth with emotional,behavioral, or medical needs at home, with relatives, or with other permanentplacement resources and decrease the length of service through improvedemotional, behavioral, or medical outcomes for children in behavioralrehabilitative services in order to achieve the appropriated levels.

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    (a) Contracted providers shall act in good faith and accept the hardest toserve children, to the greatest extent possible, in order to improve theiremotional, behavioral, or medical conditions.

    (b) The department and the contracted provider shall mutually agree andestablish an exit date for when the child is to exit the behavioral rehabilitativeservice provider. The department and the contracted provider should mutuallyagree, to the greatest extent possible, on a viable placement for the child to go toonce the child's treatment process has been completed. The child shall exit onlywhen the emotional, behavioral, or medical condition has improved or if theprovider has not shown progress toward the outcomes specified in the signedcontract at the time of exit. This subsection (b) does not prevent or eliminate thedepartment's responsibility for removing the child from the provider if the child'semotional, behavioral, or medical condition worsens or is threatened.

    (c) The department is encouraged to use performance-based contracts withincentives directly tied to outcomes described in this section. The contractsshould incentivize contracted providers to accept the hardest to serve childrenand incentivize improvement in children's emotional, mental, and medical well-being within the established exit date. The department is further encouraged toincrease the use of behavioral rehabilitative service group homes, wrap aroundservices to facilitate and support placement of youth at home with relatives, orother permanent resources, and other means to control expenditures.

    (d) The total foster care per capita amount shall not increase more than fourpercent in the 2009-11 biennium and shall not include behavioral rehabilitativeservice.

    (5) Within amounts provided for the foster care and adoption supportprograms, the department shall control reimbursement decisions for foster careand adoption support cases such that the aggregate average cost per case forfoster care and for adoption support does not exceed the amounts assumed in theprojected caseload expenditures.

    (6) (($14,460,000)) $14,187,000 of the general fund—state appropriationfor fiscal year 2011 and $6,231,000 of the general fund—federal appropriationare provided solely for the department to provide contracted prevention andearly intervention services. The legislature recognizes the need for flexibility asthe department transitions to performance-based contracts. The followingservices are included in the prevention and early intervention block grant: Crisisfamily intervention services, family preservation services, intensive familypreservation services, evidence-based programs, public health nurses, and earlyfamily support services. The legislature intends for the department to maintainand build on existing evidence-based and research-based programs with the goalof utilizing contracted prevention and intervention services to keep children safeat home and to safely reunify families. Priority shall be given to provenintervention models, including evidence-based prevention and early interventionprograms identified by the Washington state institute for public policy and thedepartment. The department shall include information on the number, type, andoutcomes of the evidence-based programs being implemented in its reports onchild welfare reform efforts and shall provide the legislature and governor areport regarding the allocation of resources in this subsection by September 30,2010. The department shall expend federal funds under this subsection incompliance with federal regulations.

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    (7) $36,000 of the general fund—state appropriation for fiscal year 2010,(($36,000)) $34,000 of the general fund—state appropriation for fiscal year2011, and (($31,000)) $29,000 of the general fund—federal appropriation areprovided solely for the implementation of chapter 465, Laws of 2007 (childwelfare).

    (8) $125,000 of the general fund—state appropriation for fiscal year 2010and (($125,000)) $118,000 of the general fund—state appropriation for fiscalyear 2011 are provided solely for continuum of care services. $100,000 of thisamount is for Casey family partners and $25,000 of this amount is for volunteersof America crosswalk in fiscal year 2010. (($100,000)) $95,000 of this amountis for Casey family partners and (($25,000)) $23,000 of this amount is forvolunteers of America crosswalk in fiscal year 2011.

    (9) $1,904,000 of the general fund—state appropriation for fiscal year 2010,(($1,832,000)) $1,717,000 of the general fund—state appropriation for fiscalyear 2011, and (($357,000)) $335,000 of the general fund—federalappropriation are provided solely to contract with medical professionals forcomprehensive safety assessments of high-risk families and for foster careassessments. The safety assessments will use validated assessment tools toguide intervention decisions through the identification of additional safety andrisk factors. The department will maintain the availability of comprehensivefoster care assessments and follow up services for children in out-of-home carewho do not have permanent plans, comprehensive safety assessments forfamilies receiving in-home child protective services or family voluntaryservices, and comprehensive safety assessments for families with an infant agebirth to fifteen days where the infant was, at birth, diagnosed as substanceexposed and the department received an intake referral related to the infant dueto the substance exposure. The department must consolidate contracts,streamline administration, and explore efficiencies to achieve savings.

    (10) $7,679,000 of the general fund—state appropriation for fiscal year2010, (($6,643,000)) $6,226,000 of the general fund—state appropriation forfiscal year 2011, and (($4,971,000)) $4,658,000 of the general fund—federalappropriation are provided solely for court-ordered supervised visits betweenparents and dependent children and for sibling visits. The department shall workcollaboratively with the juvenile dependency courts and revise the supervisedvisit reimbursement procedures to stay within appropriations without impedingreunification outcomes between parents and dependent children. Thedepartment shall report to the legislative fiscal committees on September 30,2010, and December 30, 2010, the number of children in foster care who receivesupervised visits, their frequency, length of time of each visit, and whetherreunification is attained.

    (11) $145,000 of the general fund—state appropriation for fiscal year 2010,(($871,000)) $817,000 of the general fund—state appropriation for fiscal year2011, and (($773,000)) $724,000 of the home security fund—state appropriationis provided solely for street youth program services.

    (12) $1,522,000 of the general fund—state appropriation for fiscal year2010, (($1,340,000)) $1,256,000 of the general fund—state appropriation forfiscal year 2011, and (($1,464,000)) $1,372,000 of the general fund—federalappropriation are provided solely for the department to recruit foster parents.

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    The recruitment efforts shall include collaborating with community-basedorganizations and current or former foster parents to recruit foster parents.

    (13) $493,000 of the general fund—state appropriation for fiscal year 2010,(($303,000)) $284,000 of the general fund—state appropriation for fiscal year2011, $466,000 of the general fund—private/local appropriation, and $725,000of the education legacy trust account—state appropriation are provided solelyfor children's administration to contract with an educational advocacy providerwith expertise in foster care educational outreach. Funding is provided solelyfor contracted education coordinators to assist foster children in succeeding inK-12 and higher education systems. Funding shall be prioritized to regions withhigh numbers of foster care youth and/or regions where backlogs of youth thathave formerly requested educational outreach services exist. The departmentshall utilize private matching funds to maintain educational advocacy services.

    (14) $1,677,000 of the home security fund account—state appropriation isprovided solely for HOPE beds.

    (15) $5,193,000 of the home security fund account—state appropriation isprovided solely for the crisis residential centers.

    (16) The appropriations in this section reflect reductions in theappropriations for the children's administration administrative expenses. It is theintent of the legislature that these reductions shall be achieved, to the greatestextent possible, by reducing those administrative costs that do not affect directclient services or direct service delivery or programs.

    (17) Within the amounts appropriated in this section, the department shallcontract for a pilot project with family and community networks in Whatcomcounty and up to four additional counties to provide services. The pilot projectshall be designed to provide a continuum of services that reduce out-of-homeplacements and the lengths of stay for children in out-of-home placement. Thedepartment and the community networks shall collaboratively select theadditional counties for the pilot project and shall collaboratively design thecontract. Within the framework of the pilot project, the contract shall seek tomaximize federal funds. The pilot project in each county shall include thecreation of advisory and management teams which include members fromneighborhood-based family advisory committees, residents, parents, youth,providers, and local and regional department staff. The Whatcom county teamshall facilitate the development of outcome-based protocols and policies for thepilot project and develop a structure to oversee, monitor, and evaluate the resultsof the pilot projects. The department shall report the costs and savings of thepilot project to the appropriate committees of the legislature by November 1 ofeach year.

    (18) $157,000 of the general fund—state appropriation for fiscal year 2010and (($157,000)) $148,000 of the general fund—state appropriation for fiscalyear 2011 are provided solely for the department to contract with a nonprofitentity for a reunification pilot project in Whatcom and Skagit counties. Thecontract for the reunification pilot project shall include a rate of $46.16 per hourfor evidence-based interventions, in combination with supervised visits, toprovide 3,564 hours of services to reduce the length of stay for children in thechild welfare system. The contract shall also include evidence-based intensiveparenting skills building services and family support case management servicesfor 38 families participating in the reunification pilot project. The contract shall

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    include the flexibility for the nonprofit entity to subcontract with trainedproviders.

    (19) $303,000 of the general fund—state appropriation for fiscal year 2010,(($418,000)) $392,000 of the general fund—state appropriation for fiscal year2011, and (($257,000)) $241,000 of the general fund—federal appropriation areprovided solely to implement Engrossed Substitute House Bill No. 1961(increasing adoptions act). If the bill is not enacted by June 30, 2009, theamounts provided in this subsection shall lapse.

    (20) $98,000 of the general fund—state appropriation for fiscal year 2010and (($98,000)) $92,000 of the general fund—state appropriation for fiscal year2011 are provided solely for the department to contract with an agency that isworking in partnership with, and has been evaluated by, the University ofWashington school of social work to implement promising practice constellationhub models of foster care support.

    (21) The legislature intends for the department to reduce the time a childremains in the child welfare system. The department shall establish ameasurable goal and report progress toward meeting that goal to the legislatureby January 15 of each fiscal year of the 2009-11 fiscal biennium. To the extentthat actual caseloads exceed those assumed in this section, it is the intent of thelegislature to address those issues in a manner similar to all other caseloadprograms.

    (22) $715,000 of the general fund—state appropriation for fiscal year 2010and (($715,000)) $671,000 of the general fund—state appropriation for fiscalyear 2011 are provided solely for services provided through children's advocacycenters.

    (23) (($11,000)) $10,000 of the general fund—state appropriation for fiscalyear 2011 and $3,000 of the general fund—federal appropriation are providedsolely for implementation of chapter 224, Laws of 2010 (confinementalternatives). If the bill is not enacted by June 30, 2010, the amounts provided inthis subsection shall lapse.

    (24) $1,867,000 of the general fund—state appropriation for fiscal year2010, (($1,790,000)) $1,677,000 of the general fund—state appropriation forfiscal year 2011, and (($4,673,000)) $4,379,000 of the general fund—federalappropriation are provided solely for the department to contract for medicaidtreatment child care (MTCC) services. Children's administration case workers,local public health nurses and case workers from the temporary assistance forneedy families program shall refer children to MTCC services, as long as thechildren meet the eligibility requirements as outlined in the Washington stateplan for the MTCC services.

    (25) The department shall contract for at least one pilot project withadolescent services providers to deliver a continuum of short-term crisisstabilization services. The pilot project shall include adolescent servicesprovided through secure crisis residential centers, crisis residential centers, andhope beds. The department shall work with adolescent service providers tomaintain availability of adolescent services and maintain the delivery of servicesin a geographically representative manner. The department shall examinecurrent staffing requirements, flexible payment options, center-specific licensingwaivers, and other appropriate methods to achieve savings and streamline thedelivery of services. The legislature intends for the pilot project to provide

  • Ch. 1 WASHINGTON LAWS, 2010 2nd Sp. Sess.

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    flexibility to the department to improve outcomes and to achieve more efficientutilization of existing resources, while meeting the statutory goals of theadolescent services programs. The department shall provide an update to theappropriate legislative committees and governor on the status of the pilot projectimplementation by December 1, 2010.

    (26) To ensure expenditures remain within available funds appropriated inthis section as required by RCW 74.13A.005 and 74.13A.020, the secretary shallnot set the amount of any adoption assistance payment or payments, madepursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, to more thanninety percent of the foster care maintenance payment for that child had he orshe remained in a foster family home during the same period. This subsectiondoes not apply to adoption assistance agreements in existence on the effectivedate of this section.

    (27) Receipts from fees per chapter 289, Laws of 2010, as deposited into theprostitution prevention and intervention account for services provided tosexually exploited children as defined in RCW 13.32A.030 in secure and semi-secure crisis residential centers with access to staff trained to meet their specificneeds shall be used to expand capacity for secure crisis residential centers andnot supplant existing funding.

    (28) The appropriations in this section reflect reductions to the foster caremaintenance payment rates during fiscal year 2011.

    Sec. 202. 2010 sp.s. c 37 s 203 (uncodified) is amended to read as follows:FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES—JUVENILE REHABILITATION PROGRAMGeneral Fund—State Appropriation (FY 2010) . . . . . . . . . . . . . . . $103,437,000General Fund—State Appropriation (FY 2011) . . . . . . . . . . . . . . (($97,761,000))

    $96,167,000General Fund—Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . $1,715,000General Fund—Private/Local Appropriation . . . . . . . . . . . . . . . . . . . $1,899,000Washington Auto Theft Prevention Authority Account—

    State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,896,000Juvenile Accountability Incentive Account—Federal

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,805,000State Efficiency and Restructuring Account—State

    Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,958,000TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . (($216,471,000))

    $214,877,000

    The appropriations in this section are subject to the following conditionsand limitations:

    (1) $353,000 of the general fund—state appropriation for fiscal year 2010and $353,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely for deposit in the county criminal justice assistance account forcosts to the criminal justice system associated with the implementation ofchapter 338, Laws of 1997 (juvenile code revisions). The amounts provided inthis subsection are intended to provide funding for county adult court costsassociated with the implementation of chapter 338, Laws of 1997 and shall bedistributed in accordance with RCW 82.14.310.

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    (2) $3,408,000 of the general fund—state appropriation for fiscal year 2010and $2,898,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely for the implementation of chapter 338, Laws of 1997 (juvenilecode revisions). The amounts provided in this subsection are intended toprovide funding for county impacts associated with the implementation ofchapter 338, Laws of 1997 and shall be distributed to counties as prescribed inthe current consolidated juvenile services (CJS) formula.

    (3) $3,716,000 of the general fund—state appropriation for fiscal year 2010and $3,716,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely to implement community juvenile accountability grants pursuantto chapter 338, Laws of 1997 (juvenile code revisions). Funds provided in thissubsection may be used solely for community juvenile accountability grants,administration of the grants, and evaluations of programs funded by the grants.

    (4) $1,427,000 of the general fund—state appropriation for fiscal year 2010and $1,206,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely to implement alcohol and substance abuse treatment programsfor locally committed offenders. The juvenile rehabilitation administration shallaward these moneys on a competitive basis to counties that submitted a plan forthe provision of services approved by the division of alcohol and substanceabuse. The juvenile rehabilitation administration shall develop criteria forevaluation of plans submitted and a timeline for awarding funding and shallassist counties in creating and submitting plans for evaluation.

    (5) $3,066,000 of the general fund—state appropriation for fiscal year 2010and $3,066,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely for grants to county juvenile courts for the following programsidentified by the Washington state institute for public policy (institute) in itsOctober 2006 report: "Evidence-Based Public Policy Options to Reduce FuturePrison Construction, Criminal Justice Costs and Crime Rates": Functionalfamily therapy, multi-systemic therapy, aggression replacement training andinteragency coordination programs, or other programs with a positive benefit-cost finding in the institute's report. County juvenile courts shall apply to thejuvenile rehabilitation administration for funding for program-specificparticipation and the administration shall provide grants to the courts consistentwith the per-participant treatment costs identified by the institute.

    (6) $1,287,000 of the general fund—state appropriation for fiscal year 2010and $1,287,000 of the general fund—state appropriation for fiscal year 2011 areprovided solely for expansion of the following treatments and therapies injuvenile rehabilitation administration programs identified by the Washingtonstate institute for public policy in its October 2006 report: "Evidence-BasedPublic Policy Options to Reduce Future Prison Construction, Criminal JusticeCosts and Crime Rates": Multidimensional treatment foster care, familyintegrated transitions, and aggression replacement training. The administrationmay concentrate delivery of these treatments and therapies at a limited numberof programs to deliver the treatments in a cost-effective manner.

    (7)(a) For the fiscal year ending June 30, 2011, the juvenile rehabilitationadministration shall administer a block grant, rather than categorical funding, ofconsolidated juvenile service funds, community juvenile accountability actgrants, the chemical dependency disposition alternative funds, the mental healthdisposition alternative, and the sentencing disposition alternative for the purpose

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    of serving youth adjudicated in the juvenile justice system. In making the blockgrant, the juvenile rehabilitation administration shall follow the followingformula and will prioritize evidence-based programs and disposition alternativesand take into account juvenile courts program-eligible youth in conjunction withthe number of youth served in each approved evidence-based program ordisposition alternative: (i) Thirty-seven and one-half percent for the at-riskpopulation of youth ten to seventeen years old; (ii) fifteen percent for moderateand high-risk youth; (iii) twenty-five percent for evidence-based programparticipation; (iv) seventeen and one-half percent for minority populations; (v)three percent for the chemical dependency disposition alternative; and (vi) twopercent for the mental health and sentencing dispositional alternatives. Fundingfor the special sex offender disposition alternative (SSODA) shall not beincluded in the block grant, but allocated on the average daily population injuvenile courts. Funding for the evidence-based expansion grants shall beexcluded from the block grant formula. Funds may be used for promisingpractices when approved by the juvenile rehabilitation administration andjuvenile courts, through the community juvenile accountability act committee,based on the criteria established in consultation with Washington state institutefor public policy and the juvenile courts.

    (b) It is the intent of the legislature that the juvenile rehabilitationadministration phase the implementation of the formula provided in subsection(1) of this section by including a stop-loss formula of three percent in fiscal year2011, five percent in fiscal year 2012, and five percent in fiscal year 2013. It isfurther the intent of the legislature that the evidence-based expansion grants beincorporated into the block grant formula by fiscal year 2013 and SSODAremain separate unless changes would result in increasing the cost benefitsavings to the state as identified in (c) of this subsection.

    (c) The juvenile rehabilitation administration and the juvenile courts shallestablish a block grant funding formula oversight committee with equalrepresentation from the juvenile rehabilitation administration and the juvenilecourts. The purpose of this committee is to assess the ongoing implementationof the block grant funding formula, utilizing data-driven decision making andthe most current available information. The committee will be cochaired by thejuvenile rehabilitation administration and the juvenile courts, who will also havethe ability to change members of the committee as needed to achieve its purpose.Initial members will include one juvenile court representative from the financecommittee, the community juvenile accountability act committee, the riskassessment quality assurance committee, the executive board of the Washingtonassociation of juvenile court administrators, the Washington state center forcourt research, and a representative of the superior court judges association; tworepresentatives from the juvenile rehabilitation administration headquartersprogram oversight staff, two representatives of the juvenile rehabilitationadministration regional office staff, one representative of the juvenilerehabilitation administration fiscal staff and a juvenile rehabilitationadministration division director. The committee may make changes to theformula categories other than the evidence-based program and dispositionalternative categories if it is determined the changes will increase statewideservice delivery or effectiveness of evidence-based program or dispositionalternative resulting in increased cost benefit savings to the state. Long-term

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    cost benefit must be considered. Percentage changes may occur in the evidence-based program or disposition alternative categories of the formula should it bedetermined the changes will increase evidence-based program or dispositionalternative delivery and increase the cost benefit to the state. These outcomeswill also be considered in determining when evidence-based expansion orspecial sex offender disposition alternative funds should be included in the blockgrant or left separate.

    (d) The juvenile courts and administrative office of the courts shall beresponsible for collecting and distributing information and providing access tothe data systems to the juvenile rehabilitation administration and the Washingtonstate institute for public policy related to program and outcome data. Thejuvenile rehabilitation administration and the juvenile courts will workcollaboratively to develop program outcomes that reinforce the greatest costbenefit to the state in the implementation of evidence-based practices anddisposition alternatives.

    (e) By December 1, 2010, the Washington state institute for public policyshall report to the office of financial management and appropriate committees ofthe legislature on the administration of the block grant authorized in thissubsection. The report shall include the criteria used for allocating the fundingas a block grant and the participation targets and actual participation in theprograms subject to the block grant.

    (8) $3,700,000 of the Washington auto theft prevention authority account—state appropriation is provided solely for competitive grants to community-basedorganizations to provide at-risk youth intervention services, including but notlimited to, case management, employment services, educational services, andstreet outreach intervention programs. Projects funded should focus onpreventing, intervening, and suppressing behavioral problems and violencewhile linking at-risk youth to pro-social activities. The department may notexpend more than $1,850,000 per fiscal year. The costs of administration mustnot exceed four percent of appropriated funding for each grant recipient. Eachentity receiving funds must report to the juvenile rehabilitation administration onthe number and types of youth served, the services provided, and the impact ofthose services upon the youth and the community.

    (9) The appropriations in this section assume savings associated with thetransfer of youthful offenders age eighteen or older whose sentences extendbeyond age twenty-one to the department of corrections to complete theirsentences. Prior to transferring an offender to the department of corrections, thejuvenile rehabilitation administration shall evaluate the offender to determine theoffender's physical and