CERTIFICATION OF ENROLLMENT

              ENGROSSED SUBSTITUTE HOUSE BILL 2950

                        52nd Legislature

                      1992 Regular Session

Passed by the House March 12, 1992   Yeas 61   Nays 36 Speaker of the        House of Representatives Passed by the Senate March 12, 1992   Yeas 41   Nays 7

CERTIFICATE I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2950 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

                  _______________________________________________

                       ENGROSSED SUBSTITUTE HOUSE BILL 2950

                  _______________________________________________

                     Passed Legislature - 1992 Regular Session

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Capital Facilities & Financing (originally sponsored by Representatives Rasmussen and H. Sommers; by request of Office of Financial Management)

Read first time 02/05/92.  Changing the authorization for general obligation bonds.

     AN ACT Relating to state general obligation bonds and related accounts; amending RCW 43.99I.010, 43.99I.020, 43.99I.040, 43.84.092, 43.105.080, 90.50A.020, 43.160.080, and 43.168.110; adding new sections to chapter 43.99I RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 43.99I.010 and 1991 sp.s. c 31 s 1 are each amended to read as follows:

     The state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one billion ((ninety-five)) two hundred eighty-four million dollars, or so much thereof as may be required, to finance the projects described and authorized by the legislature in the capital and operating appropriations acts for the 1991‑1993 fiscal biennium and subsequent fiscal biennia, and all costs incidental thereto.

     Bonds authorized in this section shall be sold in such manner, at such time or times, in such amounts, and at such price as the state finance committee shall determine.  No such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.  The state finance committee may obtain insurance, letters of credit, or other credit enhancements and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing the marketability of bonds authorized in this section.  Promissory notes or other obligations issued pursuant to this section shall not constitute a debt or the contracting of indebtedness under any constitutional or statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or interest on the bonds with respect to which the same relate.

     The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purpose of retiring the bonds during the life of the project for which they were issued.

     Sec. 2.  RCW 43.99I.020 and 1991 sp.s. c 31 s 2 are each amended to read as follows:

     Bonds issued under RCW 43.99I.010 are subject to the following conditions and limitations:

     General obligation bonds of the state of Washington in the sum of one billion ((ninety-five)) two hundred eighty-four million dollars, or so much thereof as may be required, shall be issued for the purposes described and authorized by the legislature in the capital and operating appropriations acts for the 1991‑93 fiscal biennium and subsequent fiscal biennia, and to provide for the administrative cost of such projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state, costs of insurance or credit enhancement agreements, and other expenses incidental to the administration of capital projects.  Subject to such changes as may be required in the appropriations acts, the proceeds from the sale of the bonds issued for the purposes of this subsection shall be deposited in the state building construction account created by RCW 43.83.020 and transferred as follows:

     (1) Eight hundred thirty-five thousand dollars to the state higher education construction account created by RCW 28B.10.851;

     (2) Eight hundred ((twenty-three)) seventy-one million dollars to the state building construction account created by RCW 43.83.020;

     (3) Fifteen million dollars to the energy efficiency construction account created by RCW 39.35C.100;

     (4) Three million fifty thousand dollars to the energy efficiency services account created by RCW 39.35C.110;

     (5) ((One hundred twenty)) Two hundred fifty-five million five hundred thousand dollars to the common school reimbursable construction account hereby created in the state treasury;

     (6) Ninety-eight million six hundred forty-eight thousand dollars to the higher education reimbursable construction account hereby created in the state treasury; ((and))

     (7) ((Two million four hundred five thousand dollars to the wildlife reimbursable construction account hereby created in the state treasury)) Three million two hundred eighty-four thousand dollars to the data processing building construction account created in section 7 of this act; and

(8) Nine hundred thousand dollars to the Washington state dairy products commission facility account created in section 8 of this act.

     These proceeds shall be used exclusively for the purposes specified in this subsection, and for the payment of expenses incurred in the issuance and sale of the bonds issued for the purposes of this section, and shall be administered by the office of financial management, subject to legislative appropriation.

     Sec. 3.  RCW 43.99I.040 and 1991 sp.s. c 31 s 4 are each amended to read as follows:

     (1) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.99I.020 (3) and (4), the state treasurer shall transfer from the energy efficiency construction account created in RCW 39.35C.100 to the general fund of the state treasury the amount computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020 (3) and (4).

     (2) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.99I.020(5), the state treasurer shall transfer from property taxes in the state general fund levied for this support of the common schools under RCW 84.52.065 to the general fund of the state treasury for unrestricted use the amount computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(5).

     (3) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.99I.020(6), the state treasurer shall transfer from higher education operating fees deposited in the general fund to the general fund of the state treasury for unrestricted use, or if chapter ..., Laws of 1992 (Senate Bill No. 6285) becomes law and changes the disposition of higher education operating fees from the general fund to another account, the state treasurer shall transfer the proportional share from the University of Washington operating fees account, the Washington State University operating fees account, and the Central Washington University operating fees account the amount computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(((6))) (7).

     (4) ((On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.99I.020(7), the state treasurer shall transfer from the state wildlife fund to the general fund of the state treasury the amount computed in RCW 43.99I.030 for the bonds issued for the purpose of RCW 43.99I.020(7).)) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of RCW 43.99I.020(7), the state treasurer shall transfer from the data processing revolving account created in RCW 43.105.080 to the general fund of the state treasury the amount computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(7).

(5) On each date on which any interest or principal and interest payment is due on bonds issued for the purpose of RCW 43.99I.020(8), the Washington state dairy products commission shall cause the amount computed in RCW 43.99I.030 for the bonds issued for the purposes of RCW 43.99I.020(8) to be paid out of the commission's general operating fund to the state treasurer for deposit into the general fund of the state treasury.

     Sec. 4.  RCW 43.84.092 and 1991 sp.s. c 13 s 57 are each 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) 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 Eastern Washington University capital projects account, the federal forest revolving 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 sales and use tax account, the medical aid account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure 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 teachers' retirement system plan I account, the teachers' retirement system plan II account, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement 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 (2)(a) shall first be reduced by the allocation to the state treasurer's service ((account [fund])) 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 central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, 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 special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, and the urban arterial trust account.

     (3) 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. 5.  A new section is added to chapter 43.99I RCW to read as follows:

     The bonds authorized by RCW 43.99I.020(8) shall be issued only after the director of financial management has (a) certified that, based on the future income from assessments levied pursuant to chapter 15.44 RCW and other revenues collected by the Washington state dairy products commission, an adequate balance will be maintained in the commission's general operating fund to pay the interest or principal and interest payments due under RCW 43.99I.040(4) for the life of the bonds; and (b) approved the facility to be acquired using the bond proceeds.

     Sec. 6.  RCW 43.105.080 and 1987 c 504 s 11 are each amended to read as follows:

     There is created a revolving fund to be known as the data processing revolving fund in the custody of the state treasurer.  The revolving fund shall be used for the acquisition of equipment, software, supplies, and services and the payment of salaries, wages, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies and equipment, including the payment of principal and interest on bonds issued for capital projects, by the department, Washington State University's computer services center, the department of personnel's personnel information systems division, the office of financial management's financial systems management group, and other users as jointly determined by the department and the office of financial management.  The revolving fund is subject to the allotment procedure provided under chapter 43.88 RCW.  Disbursements from the revolving fund for the services component of the department are not subject to appropriation.  Disbursements for the planning component of the department are subject to appropriation.  All disbursements from the fund are subject to the allotment procedures provided under chapter 43.88 RCW.  The department shall establish and implement a billing structure to assure all agencies pay an equitable share of the costs.

     As used in this section, the word "supplies" shall not be interpreted to delegate or abrogate the division of purchasing's responsibilities and authority to purchase supplies as described in RCW 43.19.190 and 43.19.200.

NEW SECTION. Sec. 7.  A new section is added to chapter 43.99I RCW to read as follows:

     The data processing building construction 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 acquisition of land for and construction of a data processing building.

NEW SECTION. Sec. 8.  A new section is added to chapter 43.99I RCW to read as follows:

     The Washington state dairy products commission facility account is hereby created in the state treasury.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for acquisition, renovation, or construction of a permanent facility for the Washington state dairy products commission.

     Sec. 9.  RCW 90.50A.020 and 1991 sp.s. c 13 s 102 are each amended to read as follows:

     (1) The water pollution control revolving fund is hereby established in the ((custody of the)) state ((treasurer)) treasury.  Moneys in this fund ((are not subject to)) may be spent only after legislative appropriation.  Moneys in the fund may be spent only in a manner consistent with this chapter.

     (2) The water pollution control revolving fund shall consist of:

     (a) All capitalization grants provided by the federal government under the federal water quality act of 1987;

     (b) All state matching funds appropriated or authorized by the legislature;

     (c) Any other revenues derived from gifts or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects;

     (d) All repayments of moneys borrowed from the fund;

     (e) All interest payments made by borrowers from the fund;

     (f) Any other fee or charge levied in conjunction with administration of the fund; and

     (g) Any new funds as a result of leveraging.

     Sec. 10.  RCW 43.160.080 and 1991 sp.s. c 13 s 115 are each amended to read as follows:

     There shall be a fund in the state treasury known as the public facilities construction loan revolving account, which shall consist of all moneys collected under this chapter, except moneys of the board collected in connection with the issuance of industrial development revenue bonds, and any moneys appropriated to it by law:  PROVIDED, That seventy-five percent of all principal and interest payments on loans made with the proceeds deposited in the account under section 901, chapter 57, Laws of 1983 1st ex. sess. shall be deposited in the general fund as reimbursement for debt service payments on the bonds authorized in RCW 43.83.184.  ((The state treasurer shall be custodian of the revolving account.))  Disbursements from the revolving account shall be on authorization of the board.  In order to maintain an effective expenditure and revenue control, the public facilities construction loan revolving account shall be subject in all respects to chapter 43.88 RCW((, but no appropriation is required to permit expenditures and payment of obligations from the account)).

     Sec. 11.  RCW 43.168.110 and 1985 c 164 s 11 are each amended to read as follows:

     There is established the Washington state development loan fund which shall be an account in the state treasury.  All loan payments of principal and interest which are transferred under RCW 43.168.050 shall be deposited into the account.  Moneys in the account may be spent ((without)) only after legislative appropriation for loans under this chapter.  ((However,)) Any expenditures of these moneys shall conform to federal law.

NEW SECTION. Sec. 12.     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 shall take effect immediately.