AN ACT
Relating to treasurer-managed funds and accounts; amending RCW 70.39.170,
18.08.240, 43.79.330, 43.51.280, 40.14.025, 43.51.310, 43.140.030, 28B.14D.040,
46.10.075, 72.72.030, 67.40.040, 28B.10.821, 43.88.525, 58.24.060, 82.14.200,
82.14.210, 18.72.390, 43.70.320, 18.04.105, 43.79.445, 47.76.030, 43.51.200,
86.26.007, 43.08.250, 84.33.041, 43.31A.400, 70.94.656, 51.44.170, 82.14.320,
43.33A.160, 43.83B.360, 82.14.050, 43.19.610, 27.34.090, 82.42.090, 47.68.236,
43.79.201, 70.93.180, 46.08.172, 43.99.040, 43.83A.030, 43.99F.030, 28B.10.851,
43.83.020, 28B.30.730, 28B.57.050, 43.99.060, 43.83B.030, 43.83C.030,
43.83D.030, 43.83H.030, 43.84.092, 28A.515.320, 50.16.010, 43.200.080,
70.164.030, 79.90.555, 70.94.483, 70.94.483, 47.78.010, 22.09.411, 70.47.030,
70.105D.070, 2.14.070, 70.170.080, 90.76.100, 70.95.800, 59.21.050, 70.95E.080,
28B.30.741, 28B.30.742, 28B.20.810, 28B.14C.060, 43.79A.020, 43.79A.040,
43.08.190, 90.48.390, 28C.10.082, 43.250.030, 43.185.030, 28B.10.882,
59.22.030, 70.148.020, 4.92.220, 4.92.130, 43.84.051, 43.79.130, 28B.35.751,
43.79.110, 28B.20.800, 28B.10.868, 41.05.120, 90.50A.020, 2.14.080, 46.68.210,
81.100.070, 28B.20.468, 28B.108.050, 28B.50.837, 28B.50.837, 28B.108.060,
41.48.065, 41.48.060, 28A.520.020, 2.10.080, 43.160.080, 28B.20.253, 79.71.090,
81.100.070, 47.76.160, 47.78.010, 82.14.050, 28B.30.730, 43.84.092,
28A.515.320, 43.200.080, 28B.30.741, 28B.30.742, 43.79A.040, 43.08.190,
43.84.051, 43.79.130, 28B.35.751, 43.79.110, 28B.20.800, 41.24.030, 2.14.080,
and 2.10.080; reenacting and amending RCW 74.18.230, 76.04.630, 28B.50.360,
28B.50.360, 28B.35.370, 70.146.030, 41.24.030, 41.04.260, and 74.18.230; adding
a new section to chapter 43.63A RCW; repealing RCW 43.84.090, 43.185.040,
46.09.290, 70.48.120, 43.31.958, 43.99C.040, 27.60.060, 28B.31.040, 75.48.030,
28B.56.030, 43.83I.166, 36.22.180, 43.79.415, and 79.64.055; providing
effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
70.39.170 and 1985 c 57 s 67 are each amended to read as follows:
The
commission shall biennially prepare a budget which shall include its estimated
income and expenditures for administration and operation for the biennium, to
be submitted to the governor for transmittal to the legislature for approval.
Expenses
of the commission shall be financed by assessment against hospitals in an
amount to be determined biennially by the commission, but not to exceed four
one-hundredths of one percent of each hospital's gross operating costs to be
levied and collected ((from and after July 1, 1973)) for the provision
of hospital services for its last fiscal year ending on or before June 30th of
the preceding calendar year. Budgetary requirements in excess of that limit
may be financed by a general fund appropriation by the legislature. All moneys
collected are to be deposited by the state treasurer in the hospital commission
account which is hereby created in the state treasury. ((All earnings of
investments of balances in the hospital commission account shall be credited to
the general fund.))
Any
amounts raised by the collection of assessments from hospitals provided for in
this section which are not required to meet appropriations in the budget act
for the current fiscal year shall be available to the commission in succeeding
years.
Sec.
2. RCW
18.08.240 and 1985 c 57 s 4 are each amended to read as follows:
There
is established in the state treasury the architects' license account, into
which all fees paid pursuant to this chapter shall be paid. ((All earnings
of investments of balances in the architects' license account shall be credited
to the general fund.))
Sec.
3. RCW
43.79.330 and 1985 c 57 s 38 are each amended to read as follows:
All
moneys to the credit of the following state funds on the first day of August,
1955, and all moneys thereafter paid to the state treasurer for or to the
credit of such funds, are hereby transferred to the following accounts in the
state treasury, the creation of which is hereby authorized:
(1)
Capitol building construction fund moneys, to the capitol building construction
account;
(2)
Cemetery fund moneys, to the cemetery account;
(3)
Feed and fertilizer fund moneys, to the feed and fertilizer account;
(4)
Forest development fund moneys, to the forest development account;
(5)
Harbor improvement fund moneys, to the harbor improvement account;
(6)
Millersylvania Park current fund moneys, to the Millersylvania Park current
account;
(7)
Puget Sound pilotage fund moneys, to the Puget Sound pilotage account;
(8)
Real estate commission fund moneys, to the real estate commission account;
(9)
Reclamation revolving fund moneys, to the reclamation revolving account;
(10)
University of Washington building fund moneys, to the University of Washington
building account; and
(11)
State College of Washington building fund moneys, to the Washington State
University building account((;
(12)
All earnings of investments of balances in the capitol building construction
account, the cemetery account, the feed and fertilizer account, the harbor
improvement account, the Millersylvania Park current account, the Puget Sound
pilotage account, the real estate commission account, and the reclamation
revolving account shall be credited to the general fund; and
(13)
Except as provided in RCW 43.84.090, all earnings of investments of balances in
the forest development account, the University of Washington building account,
and the Washington State University building account shall be credited to these
respective accounts)).
Sec.
4. RCW
43.51.280 and 1987 c 466 s 2 are each amended to read as follows:
There
is hereby created the trust land purchase account in the state treasury. Any
revenues accruing to this account shall be used for the purchase of the
property described in RCW 43.51.270(3)(a), to include all reasonable costs of
acquisition, and a fee interest or such other interest in state trust lands
presently used for park purposes as the state parks and recreation commission
shall determine and to reimburse the state parks and recreation commission for
the cost of collecting such fees beginning with the 1973-75 fiscal biennium.
Any funds remaining in the account shall be used for the renovation and
redevelopment of state park structures and facilities to extend the original
life expectancy or correct damage to the environment of state parks and for the
maintenance and operation of state parks in the 1981-83 biennium. Thereafter,
the funds shall not be used for such purposes until the money in the account
satisfies the payment required to be made in the contract for sale of lands in
RCW 43.51.270(2), the acquisition of the property described in RCW
43.51.270(3)(a), those amounts necessary to pay for the remaining trust assets
of timber situated on the lands described in RCW 43.51.270(2), and for the
acquisition of the property described in RCW 43.51.270(3)(b), (c), (d), and (e)
and 43.51.270(4) on a schedule satisfactory to the board of natural resources.
Payments may be delayed for property described in RCW 43.51.270(3)(b), (c),
(d), and (e) until the existing contract for purchase of lands in RCW
43.51.270(2) has been paid off. Payments for the property in RCW 43.51.270(4)
may be delayed until contracts for purchase of lands and timber described in
RCW 43.51.270 (2) and (3) have been paid off. Payments from the account for
those parcels included in RCW 43.51.270(4) shall be established on a schedule
which is mutually acceptable to the board of natural resources and the parks
and recreation commission. ((All earnings of investments of balances in the
trust land purchase account shall be credited to the general fund.))
Sec.
5. RCW
40.14.025 and 1985 c 57 s 22 are each amended to read as follows:
The
secretary of state and the director of financial management shall jointly
establish a schedule of fees and charges governing the services provided by the
division of archives and records management to other state agencies, offices,
departments, and other entities. The schedule shall be determined such that
the fees and charges will provide the division with funds to meet its
anticipated expenditures during any allotment period.
There
is created the archives and records management account in the state treasury
which shall consist of all fees and charges collected under this section. The
account shall be appropriated exclusively for use by the secretary of state for
the payment of costs and expenses incurred in the operation of the division of
archives and records management. ((All earnings of investments of balances
in the archives and records management account shall be credited to the general
fund.))
Sec.
6. RCW
43.51.310 and 1985 c 57 s 35 are each amended to read as follows:
There
is hereby created the winter recreational program account in the state
treasury. Special winter recreational area parking permit fees collected under
this chapter shall be remitted to the state treasurer to be deposited in the
winter recreational program account and shall be appropriated only to the
commission for nonsnowmobile winter recreation purposes including the
administration, acquisition, development, operation, planning, and maintenance
of winter recreation facilities and the development and implementation of
winter recreation, safety, enforcement, and education programs. The commission
may accept gifts, grants, donations, or moneys from any source for deposit in
the winter recreational program account. ((All earnings of investments of
balances in the winter recreational program account shall be credited to the
general fund.))
Any
public agency in this state may develop and implement winter recreation
programs. The commission may make grants to public agencies and contract with
any public or private agency or person to develop and implement winter
recreation programs.
Sec.
7. RCW
43.140.030 and 1985 c 57 s 58 are each amended to read as follows:
There
is created the geothermal account in the state treasury. All expenditures from
this account are subject to appropriation and chapter 43.88 RCW. ((All
earnings of investments of balances in the geothermal account shall be credited
to the general fund.))
All
revenues received by the state treasurer under section 35 of the Mineral Lands
Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to
activities of the United States bureau of land management undertaken pursuant
to the Geothermal Steam Act of 1970 (30 U.S.C. Sec. 1001 et. seq.) shall be
deposited in the geothermal account in the state treasury immediately upon
receipt.
Sec.
8. RCW
28B.14D.040 and 1985 c 57 s 13 are each amended to read as follows:
((Except
for that portion of the proceeds required to pay bond anticipation notes under
RCW 28B.14D.020,)) The proceeds from the sale of the bonds ((and
bond anticipation notes)) authorized in this chapter, together with all
grants, donations, transferred funds, and all other moneys which the state
finance committee or the board of regents or board of trustees of any of the
state institutions of higher education may direct the state treasurer to
deposit therein, shall be deposited in the higher education construction
account hereby created in the state treasury. ((All earnings of investments
of balances in the higher education construction account shall be credited to
the general fund.))
Sec.
9. RCW
46.10.075 and 1985 c 57 s 61 are each amended to read as follows:
There
is created a snowmobile account within the state treasury. Snowmobile
registration fees, monetary civil penalties from snowmobile dealers, and
snowmobile fuel tax moneys collected under this chapter and in excess of the
amounts fixed for the administration of the registration and fuel tax
provisions of this chapter shall be deposited in the snowmobile account and
shall be appropriated only to the state parks and recreation commission for the
administration and coordination of this chapter. ((All earnings of
investments of balances in the snowmobile account shall be credited to the
general fund.))
Sec.
10. RCW
72.72.030 and 1985 c 57 s 71 are each amended to read as follows:
(1)
There is hereby created, in the state treasury, an institutional impact
account. The secretary of social and health services may reimburse political
subdivisions for criminal justice costs incurred directly as a result of crimes
committed by offenders residing in an institution as defined herein under the
jurisdiction of the secretary of social and health services. Such reimbursement
shall be made to the extent funds are available from the institutional impact
account. Reimbursements shall be limited to law enforcement, prosecutorial,
judicial, and jail facilities costs which are documented to be strictly related
to the criminal activities of the offender.
(2)
The secretary of corrections may reimburse political subdivisions for criminal
justice costs incurred directly as a result of crimes committed by offenders
residing in an institution as defined herein under the jurisdiction of the
secretary of corrections. Such reimbursement shall be made to the extent funds
are available from the institutional impact account. Reimbursements shall be
limited to law enforcement, prosecutorial, judicial, and jail facilities costs
which are documented to be strictly related to the criminal activities of the
offender.
(((3)
All earnings of investments of balances in the institutional impact account
shall be credited to the general fund.))
Sec.
11. RCW
67.40.040 and 1990 c 181 s 2 are each amended to read as follows:
(1)
The proceeds from the sale of the bonds authorized in RCW 67.40.030, ((earnings
from the investment of the proceeds,)) proceeds of the tax imposed under
RCW 67.40.090, and all other moneys received by the state convention and trade
center from any public or private source which are intended to fund the
acquisition, design, construction, expansion, exterior cleanup and repair of
the Eagles building, conversion of various retail and other space to meeting
rooms, purchase of the land and building known as the McKay Parcel, development
of low-income housing, or renovation of the center, shall be deposited in the
state convention and trade center account hereby created in the state treasury
and in such subaccounts as are deemed appropriate by the directors of the
corporation.
(2) ((Seventy-five
percent of the income from the investment of the corporation's funds deposited
in the account, including interest earned thereon, before and after May 10,
1985, shall be credited against any future borrowings by the state convention
and trade center corporation from the general fund for debt service or
otherwise at the time such funds are needed after July 1, 1987.
(3))) Moneys
in the account, including unanticipated revenues under RCW 43.79.270, shall be
used exclusively for the following purposes in the following priority:
(a)
For reimbursement of the state general fund under RCW 67.40.060;
(b)
After appropriation by statute:
(i)
For payment of expenses incurred in the issuance and sale of the bonds issued
under RCW 67.40.030;
(ii)
For acquisition, design, and construction of the state convention and trade
center; and
(iii)
For reimbursement of any expenditures from the state general fund in support of
the state convention and trade center; and
(c)
For transfer to the state convention and trade center operations account.
(((4)))
(3) The corporation shall identify with specificity those facilities of
the state convention and trade center that are to be financed with proceeds of
general obligation bonds, the interest on which is intended to be excluded from
gross income for federal income tax purposes. The corporation shall not permit
the extent or manner of private business use of those bond-financed facilities
to be inconsistent with treatment of such bonds as governmental bonds under
applicable provisions of the Internal Revenue Code of 1986, as amended.
Sec.
12. RCW
28B.10.821 and 1985 c 57 s 10 are each amended to read as follows:
The
state educational grant account is hereby established in the state treasury.
The commission shall deposit refunds and recoveries of student financial aid
funds expended in prior biennia in such account. Expenditures from such
account shall be for financial aid to needy or disadvantaged students. ((All
earnings of investments of balances in the state educational grant account
shall be credited to the general fund.))
Sec.
13. RCW
43.88.525 and 1985 c 57 s 52 are each amended to read as follows:
A
budget stabilization account is hereby created as an account in the state
treasury for the purposes set forth in RCW 43.88.520 through 43.88.540. There
shall be deposited into the stabilization account the revenues described in RCW
43.88.530 and such other amounts as the legislature may from time to time
direct to be deposited in the account. The governor's biennial budget document
((for the 1983-85 biennium and for each succeeding biennium)) shall
contain a request for necessary transfers from the general fund to the budget
stabilization account of those revenues identified in RCW 43.88.530. ((All
earnings of investments of balances in the budget stabilization account shall
be credited to the general fund.))
Sec.
14. RCW 58.24.060
and 1987 c 466 s 8 are each amended to read as follows:
There
is created in the state treasury the surveys and maps account which shall be a
separate account consisting of funds received or collected under chapters 58.22
and 58.24 RCW, moneys appropriated to it by law. This account shall be used
exclusively by the department of natural resources for carrying out the
purposes and provisions of chapters 58.22 and 58.24 RCW. Appropriations from
the account shall be expended for no other purposes. ((All earnings of
investments of balances in the surveys and maps account shall be credited to
the general fund.))
Sec.
15. RCW
82.14.200 and 1990 c 42 s 313 are each amended to read as follows:
There
is created in the state treasury a special account to be known as the
"county sales and use tax equalization account." Into this account
shall be placed a portion of all motor vehicle excise tax receipts as provided
in RCW 82.44.110(((6))) (1)(f). Funds in this account shall be
allocated by the state treasurer according to the following procedure:
(1)
Prior to April 1st of each year the director of revenue shall inform the state
treasurer of the total and the per capita levels of revenues for the
unincorporated area of each county and the state-wide weighted average per
capita level of revenues for the unincorporated areas of all counties imposing
the sales and use tax authorized under RCW 82.14.030(1) for the previous
calendar year.
(2) At
such times as distributions are made under RCW 82.44.150, as now or hereafter
amended, the state treasurer shall apportion to each county imposing the sales
and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than
one hundred fifty thousand dollars from the tax for the previous calendar year,
an amount from the county sales and use tax equalization account sufficient,
when added to the amount of revenues received the previous calendar year by the
county, to equal one hundred fifty thousand dollars.
The
department of revenue shall establish a governmental price index as provided in
this subsection. The base year for the index shall be the end of the third
quarter of 1982. Prior to November 1, 1983, and prior to each November 1st
thereafter, the department of revenue shall establish another index figure for
the third quarter of that year. The department of revenue may use the implicit
price deflators for state and local government purchases of goods and services
calculated by the United States department of commerce to establish the
governmental price index. Beginning on January 1, 1984, and each January 1st
thereafter, the one hundred fifty thousand dollar base figure in this
subsection shall be adjusted in direct proportion to the percentage change in
the governmental price index from 1982 until the year before the adjustment.
Distributions made under this subsection for 1984 and thereafter shall use this
adjusted base amount figure.
(3)
Subsequent to the distributions under subsection (2) of this section and at
such times as distributions are made under RCW 82.44.150, as now or hereafter
amended, the state treasurer shall apportion to each county imposing the sales
and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than
seventy percent of the state-wide weighted average per capita level of revenues
for the unincorporated areas of all counties as determined by the department of
revenue under subsection (1) of this section, an amount from the county sales
and use tax equalization account sufficient, when added to the per capita level
of revenues for the unincorporated area received the previous calendar year by
the county, to equal seventy percent of the state-wide weighted average per
capita level of revenues for the unincorporated areas of all counties
determined under subsection (1) of this section, subject to reduction under
subsections (6) and (7) of this section. When computing distributions under
this section, any distribution under subsection (2) of this section shall be
considered revenues received from the tax imposed under RCW 82.14.030(1) for
the previous calendar year.
(4)
Subsequent to the distributions under subsection (3) of this section and at
such times as distributions are made under RCW 82.44.150, as now or hereafter
amended, the state treasurer shall apportion to each county imposing the sales
and use tax under RCW 82.14.030(2) at the maximum rate and receiving a
distribution under subsection (2) of this section, a third distribution from
the county sales and use tax equalization account. The distribution to each
qualifying county shall be equal to the distribution to the county under
subsection (2) of this section, subject to the reduction under subsections (6)
and (7) of this section. To qualify for the total distribution under this
subsection, the county must impose the tax under RCW 82.14.030(2) for the
entire calendar year. Counties imposing the tax for less than the full year
shall qualify for prorated allocations under this subsection proportionate to
the number of months of the year during which the tax is imposed.
(5)
Subsequent to the distributions under subsection (4) of this section and at
such times as distributions are made under RCW 82.44.150, as now or hereafter
amended, the state treasurer shall apportion to each county imposing the sales
and use tax under RCW 82.14.030(2) at the maximum rate and receiving a
distribution under subsection (3) of this section, a fourth distribution from
the county sales and use tax equalization account. The distribution to each
qualifying county shall be equal to the distribution to the county under
subsection (3) of this section, subject to the reduction under subsections (6)
and (7) of this section. To qualify for the distributions under this
subsection, the county must impose the tax under RCW 82.14.030(2) for the
entire calendar year. Counties imposing the tax for less than the full year
shall qualify for prorated allocations under this subsection proportionate to
the number of months of the year during which the tax is imposed.
(6)
Revenues distributed under this section in any calendar year shall not exceed
an amount equal to seventy percent of the state-wide weighted average per
capita level of revenues for the unincorporated areas of all counties during
the previous calendar year. If distributions under subsections (3) through (5)
of this section cannot be made because of this limitation, then distributions
under subsections (3) through (5) of this section shall be reduced ratably
among the qualifying counties.
(7) If
inadequate revenues exist in the county sales and use tax equalization account
to make the distributions under subsections (3) through (5) of this section,
then the distributions under subsections (3) through (5) of this section shall
be reduced ratably among
the
qualifying counties. At such time during the year as additional funds accrue
to the county sales and use tax equalization account, additional distributions
shall be made under subsections (3) through (5) of this section to the
counties.
(8) If
the level of revenues in the county sales and use tax equalization account
exceeds the amount necessary to make the distributions under subsections (2)
through (5) of this section, then the additional revenues shall be credited and
transferred to the state general fund.
(((9)
All earnings of investments of balances in the county sales and use tax
equalization account shall be credited to the general fund.))
Sec.
16. RCW
82.14.210 and 1990 2nd ex.s. c 1 s 701 are each amended to read as follows:
There
is created in the state treasury a special account to be known as the
"municipal sales and use tax equalization account." Into this
account shall be placed such revenues as are provided under RCW 82.44.110(((5)))
(1)(e). Funds in this account shall be allocated by the state treasurer
according to the following procedure:
(1)
Prior to January 1st of each year the department of revenue shall determine the
total and the per capita levels of revenues for each city and the state-wide
weighted average per capita level of revenues for all cities imposing the sales
and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
(2) At
such times as distributions are made under RCW 82.44.150, the state treasurer
shall apportion to each city not imposing the sales and use tax under RCW
82.14.030(2) an amount from the municipal sales and use tax equalization
account equal to the amount distributed to the city under RCW 82.44.155,
multiplied by thirty-five sixty-fifths.
(3)
Subsequent to the distributions under subsection (2) of this section, and at
such times as distributions are made under RCW 82.44.150, the state treasurer
shall apportion to each city imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than seventy percent of the
state-wide weighted average per capita level of revenues for all cities as
determined by the department of revenue under subsection (1) of this section,
an amount from the municipal sales and use tax equalization account sufficient,
when added to the per capita level of revenues received the previous calendar
year by the city, to equal seventy percent of the state-wide weighted average
per capita level of revenues for all cities determined under subsection (1) of
this section, subject to reduction under subsection (6) of this section.
(4)
Subsequent to the distributions under subsection (3) of this section, and at
such times as distributions are made under RCW 82.44.150, the state treasurer
shall apportion to each city imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection
(3) of this section, a third distribution from the municipal sales and use tax
equalization account. The distribution to each qualifying city shall be equal
to the distribution to the city under subsection (3) of this section, subject
to the reduction under subsection (6) of this section. To qualify for the
distributions under this subsection, the city must impose the tax under RCW
82.14.030(2) for the entire calendar year. Cities imposing the tax for less
than the full year shall qualify for prorated allocations under this subsection
proportionate to the number of months of the year during which the tax is
imposed.
(5) For
a city with an official incorporation date after January 1, 1990, municipal
sales and use tax equalization distributions shall be made according to the
procedures in this subsection. Municipal sales and use tax equalization
distributions to eligible new cities shall be made at the same time as
distributions are made under subsections (3) and (4) of this section. The
department of revenue shall follow the estimating procedures outlined in this
subsection until the new city has received a full year's worth of revenues
under RCW 82.14.030(1) as of the January municipal sales and use tax
equalization distribution.
(a)
Whether a newly incorporated city determined to receive funds under this
subsection receives its first equalization payment at the January, April, July,
or October municipal sales and use tax equalization distribution shall depend
on the date the city first imposes the tax authorized under RCW 82.14.030(1).
(i) A
newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective
as of January 1st shall be eligible to receive funds under this subsection
beginning with the April municipal sales and use tax equalization distribution
of that year.
(ii) A
newly incorporated city imposing the tax authorized under RCW 82.14.030(1)
effective as of February 1st, March 1st, or April 1st shall be eligible to
receive funds under this subsection beginning with the July municipal sales and
use tax equalization distribution of that year.
(iii)
A newly incorporated city imposing the tax authorized under RCW 82.14.030(1)
effective as of May 1st, June 1st, or July 1st shall be eligible to receive
funds under this subsection beginning with the October municipal sales and use
tax equalization distribution of that year.
(iv) A
newly incorporated city imposing the tax authorized under RCW 82.14.030(1)
effective as of August 1st, September 1st, or October 1st shall be eligible to
receive funds under this subsection beginning with the January municipal sales
and use tax equalization distribution of the next year.
(v) A
newly incorporated city imposing the tax authorized under RCW 82.14.030(1)
effective as of November 1st or December 1st shall be eligible to receive funds
under this subsection beginning with the April municipal sales and use tax equalization
distribution of the next year.
(b)
For purposes of calculating the amount of funds the new city should receive
under this subsection, the department of revenue shall:
(i)
Estimate the per capita amount of revenues from the tax authorized under RCW
82.14.030(1) that the new city would have received had the city received
revenues from the tax the entire calendar year;
(ii)
Calculate the amount provided under subsection (3) of this section based on the
per capita revenues determined under (b)(i) of this subsection;
(iii)
Prorate the amount determined under (b)(ii) of this subsection by the number of
months the tax authorized under RCW 82.14.030(1) is imposed.
(c) A
new city imposing the tax under RCW 82.14.030(2) at the maximum rate and
receiving a distribution calculated under (b) of this subsection shall receive
another distribution from the municipal sales and use tax equalization
account. This distribution shall be equal to the calculation made under
(b)(ii) of this subsection, prorated by the number of months the city imposes
the tax authorized under RCW 82.14.030(2) at the full rate.
(d)
The department of revenue shall advise the state treasurer of the amounts
calculated under (b) and (c) of this subsection and the state treasurer shall
distribute these amounts to the new city from the municipal sales and use tax
equalization account subject to the limitations imposed in subsection (6) of
this section.
(e)
Revenues estimated under this subsection shall not affect the calculation of
the state-wide weighted average per capita level of revenues for all cities
made under subsection (1) of this section.
(6) If
inadequate revenues exist in the municipal sales and use tax equalization
account to make the distributions under subsection (3), (4), or (5) of this
section, then the distributions under subsections (3), (4), and (5) of this
section shall be reduced ratably among the qualifying cities. At such time during
the year as additional funds accrue to the municipal sales and use tax
equalization account, additional distributions shall be made under subsections
(3), (4), and (5) of this section to the cities.
(7) If
the level of revenues in the municipal sales and use tax equalization account
exceeds the amount necessary to make the distributions under subsections (2)
through (5) of this section, then the additional revenues shall be apportioned
among the several cities within the state ratably on the basis of population as
last determined by the office of financial management: PROVIDED, That no such
distribution shall be made to those cities receiving a distribution under
subsection (2) of this section.
(((8)
All earnings of investments of balances in the municipal sales and use tax
equalization account shall be credited to the general fund.))
Sec.
17. RCW
18.72.390 and 1985 c 57 s 6 are each amended to read as follows:
Because
it is the express purpose of this chapter to protect the public health and to
provide for a public agency to act as a disciplinary body for members of the
medical profession licensed to practice medicine and surgery in this state, and
because the health and well-being of the people of this state are of paramount
importance, there is hereby created an account in the state treasury to be
known as the medical disciplinary account. All assessments, fines, and other
funds collected or received pursuant to this chapter shall be deposited in the
medical disciplinary account and used to administer and implement this
chapter. ((All earnings of investments of balances in the medical
disciplinary account shall be credited to the general fund.))
Sec.
18. RCW
43.70.320 and 1991 c 3 s 299 are each amended to read as follows:
There
is created in the state treasury an account to be known as the health
professions account. All fees received by the department for health
professions licenses, registration, certifications, renewals, or examinations
shall be forwarded to the state treasurer who shall credit such moneys to the
health professions account. All expenses incurred in carrying out the health
professions licensing activities of the department shall be paid from the
account as authorized by legislative appropriation. Any residue in the account
shall be accumulated and shall not revert to the general fund at the end of the
biennium. ((All earnings of investments of balances in the health
professions account shall be credited to the general fund.))
The
secretary shall biennially prepare a budget request based on the anticipated
costs of administering the health professions licensing activities of the
department which shall include the estimated income from health professions
fees.
Sec.
19. RCW
74.18.230 and 1985 c 97 s 2 and 1985 c 57 s 72 are each reenacted and amended
to read as follows:
(1)
There is established in the state treasury an account known as the business
enterprises revolving account.
(2)
The net proceeds from any vending machine operation in a public building, other
than an operation managed by a licensee, shall be made payable to the business
enterprises revolving fund. Net proceeds, for purposes of this section, means
the gross amount received less the costs of the operation, including a fair
minimum return to the vending machine owner, which return shall not exceed a
reasonable amount to be determined by the department.
(3)
All moneys in the business enterprises revolving fund shall be expended only
for development and expansion of locations, equipment, management services, and
payments to licensees in the business enterprises program.
(4)
The business enterprises program shall be supported by the business enterprises
revolving fund and by income which may accrue to the department pursuant to the
federal Randolph-Sheppard Act.
(5)
Vocational rehabilitation funds may be spent in connection with the business
enterprises program for training persons to become licensees and for other services
that are required to complete an individual written rehabilitation program.
(((6)
All earnings of investments of balances in the business enterprises revolving
account shall be credited to the business enterprises revolving account.))
Sec.
20. RCW
18.04.105 and 1986 c 295 s 6 are each amended to read as follows:
(1)
The certificate of "certified public accountant" shall be granted by
the board to any person:
(a)
Who is of good character. Good character, for purposes of this section, means
lack of a history of dishonest or felonious acts. The board may refuse to
grant a certificate on the ground of failure to satisfy this requirement only
if there is a substantial connection between the lack of good character of the applicant
and the professional responsibilities of a licensee and if the finding by the
board of lack of good character is supported by a preponderance of evidence.
When an applicant is found to be unqualified for a certificate because of a
lack of good character, the board shall furnish the applicant a statement
containing the findings of the board and a notice of the applicant's right of
appeal;
(b)
Who has met such educational standards established by rule as the board
determines to be appropriate; and
(c)
Who has passed a written examination in accounting, auditing, and related
subjects the board determines to be appropriate.
(2)
The examination described in subsection (1)(c) of this section shall be held by
the board and shall take place as often as the board determines to be
desirable, but at least once a year. The board may use all or any part of the
examination or grading service of the American Institute of Certified Public
Accountants or National Association of State Boards of Accountancy to assist it
in performing its duties under this chapter.
(3)
The board may, by rule, provide for granting credit to a person for satisfactory
completion of a written examination in any one or more of the subjects
specified in subsection (1)(c) of this section given by the licensing authority
in any other state. These rules shall include requirements the board
determines to be appropriate in order that any examination approved as a basis
for any credit shall, in the judgment of the board, be at least as thorough as
the most recent examination given by the board at the time credit is granted.
(4)
The board may, by rule, prescribe the terms and conditions under which a person
who passes the examination in one or more of the subjects indicated in
subsection (1)(c) of this section may be reexamined in only the remaining
subjects, giving credit for the subjects previously passed. It may also
provide by rule for a reasonable waiting period for a person's reexamination in
a subject he or she has failed. A person is entitled to any number of
reexaminations, subject to this subsection and any other rules adopted by the
board.
(5) A
person passing the examination in any one or more subjects specified in
subsection (1)(c) of this section shall meet the educational requirements of
subsection (1)(b) of this section in effect on the date the person successfully
completes the requirements of subsection (1)(c) of this section. The board may
provide, by rule, for exceptions to prevent what it determines to be undue
hardship to applicants.
(6)
The board shall charge each applicant an examination fee for the initial
examination under subsection (1) of this section, or for reexamination under
subsection (4) of this section for each subject in which the applicant
is
reexamined. The applicable fee shall be paid by the person at the time he or
she applies for examination, reexamination, or evaluation of educational
qualifications. Fees for examination, reexamination, or evaluation of
educational qualifications shall be determined by the board under chapter 18.04
RCW. There is established in the state treasury an account to be known as the
certified public accountants' account. All fees received from candidates to
take any or all sections of the certified public accountant examination shall
be used only for costs related to the examination. ((All earnings of
investments of balances in the certified public accountants' account shall be
credited to the general fund.))
(7)
Persons who on June 30, 1986, held certified public accountant certificates
previously issued under the laws of this state shall not be required to obtain
additional certificates under this chapter, but shall otherwise be subject to
this chapter. Certificates previously issued shall, for all purposes, be
considered certificates issued under this chapter and subject to its
provisions.
(8)
Persons who held qualifications as licensed public accountants but who do not
hold annual permits to practice on July 1, 1983, are not entitled to engage in
the practice of public accounting under this chapter. No person shall use the
term "licensed public accountant" or the designation "LPA."
(9) A
certificate of a "certified public accountant" under this chapter is
issued on a biennial basis with renewal subject to requirements of continuing
professional education and payment of fees, prescribed by the board.
(10)
The board shall adopt rules providing for continuing professional education for
certified public accountants. The rules shall:
(a)
Provide that a certified public accountant holding a certificate on July 1,
1986, shall verify to the board that he or she has completed at least ten days
or an accumulation of eighty hours of continuing professional education during
the last two-year period to maintain the certificate;
(b)
Establish continuing professional education requirements;
(c)
Establish when newly certificated public accountants shall verify that they
have completed the required continuing professional education; and
(d)
Establish proceedings for revocation, suspension, and reinstatement of
certificates for failure to meet the continuing professional education
requirement.
(11)
Failure to furnish verification of the completion of the continuing
professional education requirement constitutes grounds for revocation,
suspension, or failure to renew the certificate, unless the board determines
that the failure was due to reasonable cause or excusable neglect.
Sec.
21. RCW
43.79.445 and 1991 c 176 s 4 are each amended to read as follows:
There
is established an account in the state treasury referred to as the "death
investigations' account" which shall exist for the purpose of receiving,
holding, investing, and disbursing funds appropriated or provided in RCW
70.58.107 and any moneys appropriated or otherwise provided thereafter. ((All
earnings of investments of balances in the death investigations' account shall
be credited to the general fund.))
Moneys
in the death investigations' account shall be disbursed by the state treasurer
once every year on December 31 and at any other time determined by the
treasurer. The treasurer shall make disbursements to: The state toxicology
laboratory, counties for the cost of autopsies, the University of Washington to
fund the state forensic pathology fellowship program, the state patrol for
providing partial funding for the state dental identification system, the
criminal justice training commission for training county coroners, medical
examiners and their staff, and the state death investigations council.
The
University of Washington and the Washington state death investigations council
shall jointly determine the yearly amount for the state forensic pathology
fellowship program established by RCW 28B.20.426.
Sec.
22. RCW
47.76.030 and 1991 c 363 s 125 are each amended to read as follows:
(1)
The essential rail assistance account is hereby created in the state treasury.
Moneys in the account may be appropriated only for the purposes specified in
this section.
(2)
Moneys appropriated from the account to the department of transportation may be
distributed by the department to first class cities, county rail districts,
counties, and port districts for the purpose of:
(a)
Acquiring, maintaining, or improving branch rail lines;
(b)
Operating railroad equipment necessary to maintain essential rail service;
(c)
Construction of transloading facilities to increase business on light density
lines or to mitigate the impacts of abandonment; or
(d)
Preservation, including operation, of viable light density lines, as identified
by the Washington state department of transportation, in compliance with this
chapter.
(3)
First class cities, county rail districts, counties, and port districts may
grant franchises to private railroads for the right to operate on lines
acquired, repaired, or improved under this chapter.
(4) If
rail lines or rail rights of way are used by county rail districts, port
districts, state agencies, or other public agencies for the purposes of rail
operations and are later abandoned, the rail lines or rail rights of way cannot
be used for any other purposes without the consent of the underlying fee title
holder or reversionary rights holder, or compensation has been made to the
underlying fee title holder or reversionary rights holder.
(5)
Moneys distributed under subsection (2) of this section shall not exceed eighty
percent of the cost of the service or project undertaken. At least twenty
percent of the cost shall be provided by the first class city, county, port
district, or other local sources.
(6)
The amount distributed under this section shall be repaid to the state by the
first class city, county rail district, county, or port district. The
repayment shall occur within a period not longer than fifteen years, as set by
the department, of the distribution of the moneys and shall be deposited in the
essential rail assistance account. The repayment schedule and rate of
interest, if any, shall be set at the time of the distribution of the moneys.
(((7)
All earnings of investments of balances in the essential rail assistance
account shall be credited to that account except as provided in RCW 43.84.090
and 43.84.092.))
Sec.
23. RCW
43.51.200 and 1985 c 57 s 33 are each amended to read as follows:
(1)
Any lands owned by the state parks and recreation commission, which are
determined to be surplus to the needs of the state for development for state
park purposes and which the commission proposes to deed to a local government
or other entity, shall be accompanied by a clause requiring that if the land is
not used for outdoor recreation purposes, ownership of the land shall revert to
the state parks and recreation commission.
(2)
The state parks and recreation commission, in cases where land subject to such
a reversionary clause is proposed for use or disposal for purposes other than
recreation, shall require that, if the land is surplus to the needs of the
commission for park purposes at the time the commission becomes aware of its
proposed use for nonrecreation purposes, the holder of the land or property
shall reimburse the commission for the release of the reversionary interest in
the land. The reimbursement shall be in the amount of the fair market value of
the reversionary interest as determined by a qualified appraiser agreeable to
the commission. Appraisal costs shall be borne by the local entity which holds
title to the land.
(3)
Any funds generated under a reimbursement under this section shall be deposited
in the parkland acquisition account which is hereby created in the state
treasury. Moneys in this account are to be used solely for the purchase or
acquisition of property for use as state park property by the commission, as
directed by the legislature; all such funds shall be subject to legislative
appropriation. ((All earnings of investments of balances in the parkland
acquisition account shall be credited to the general fund.))
Sec.
24. RCW
86.26.007 and 1986 c 46 s 1 are each amended to read as follows:
The
flood control assistance account is hereby established in the state treasury.
At the beginning of each biennium ((after June 30, 1985,)) the state
treasurer shall transfer from the general fund to the flood control assistance account
an amount of money which, when combined with money remaining in the account
from the previous biennium, will equal four million dollars. Moneys in the
flood control assistance account may be spent only after appropriation for
purposes specified under this chapter. ((All earnings of investments of
balances in the flood control assistance account shall be credited to the
general fund.))
Sec.
25. RCW
43.08.250 and 1985 c 57 s 27 are each amended to read as follows:
The money
received by the state treasurer from fees, fines, forfeitures, penalties,
reimbursements or assessments by any court organized under Title 3 or 35 RCW,
or chapter 2.08 RCW, shall be deposited in the public safety and education
account which is hereby created in the state treasury. The legislature shall
appropriate the funds in the account to promote traffic safety education,
highway safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, winter recreation parking,
and state game programs. ((All earnings of investments of balances in the
public safety and education account shall be credited to the general fund.))
Sec.
26. RCW
84.33.041 and 1985 c 57 s 87 are each amended to read as follows:
(1) An
excise tax is imposed on every person engaging in this state in business as a
harvester of timber on privately or publicly owned land. The tax is equal to
the stumpage value of timber harvested for sale or for commercial or industrial
use multiplied by the rate provided in this chapter.
(2) A
credit is allowed against the tax imposed under this section for any tax paid
under RCW 84.33.051.
(3)
Moneys received as payment for the tax imposed under this section and RCW
84.33.051 shall be deposited in the timber tax distribution account hereby
established in the state treasury.
(((4)
All earnings of investments of balances in the timber tax distribution account
shall be credited to the general fund.))
Sec.
27. RCW
43.31A.400 and 1981 c 76 s 4 are each amended to read as follows:
The
economic assistance authority established by section 2, chapter 117, Laws of
1972 ex. sess. as amended by section 111, chapter 34, Laws of 1975-'76 2nd ex.
sess. is abolished, effective June 30, 1982. Any remaining duties of the
economic assistance authority are transferred to the department of revenue on
that date. The public facilities construction loan and grant revolving
account within the state treasury is continued to service the economic
assistance authority's loans.
Sec.
28. RCW
70.94.656 and 1991 c 199 s 413 are each amended to read as follows:
It is
hereby declared to be the policy of this state that strong efforts should be
made to minimize adverse effects on air quality from the open burning of field
and turf grasses grown for seed. To such end this section is intended to promote
the development of economical and practical alternate agricultural practices to
such burning, and to provide for interim regulation of such burning until
practical alternates are found.
(1)
The department shall approve of a study or studies for the exploration and
identification of economical and practical alternate agricultural practices to
the open burning of field and turf grasses grown for seed. Prior to the
issuance of any permit for such burning under RCW 70.94.650, there shall be
collected a fee not to exceed one dollar per acre of crop to be burned. Any
such fees received by any authority shall be transferred to the department of
ecology. The department of ecology shall deposit all such acreage fees in a
special grass seed burning research account, hereby created, in the state
treasury. ((All earnings of investments of balances in the special grass
seed burning research account shall be credited to the general fund.)) The
department shall allocate moneys annually from this account for the support of
any approved study or studies as provided for in this subsection. For the
conduct of any such study or studies, the department may contract with public
or private entities: PROVIDED, That whenever the department of ecology shall
conclude that sufficient reasonably available alternates to open burning have
been developed, and at such time as all costs of any studies have been paid,
the grass seed burning research account shall be dissolved, and any money
remaining therein shall revert to the general fund.
The
fee collected under this subsection shall constitute the research portion of
fees required under RCW 70.94.650 for open burning of grass grown for seed.
(2)
Whenever on the basis of information available to it, the department after
public hearings have been conducted wherein testimony will be received and
considered from interested parties wishing to testify shall conclude that any
procedure, program, technique, or device constitutes a practical alternate
agricultural practice to the open burning of field or turf grasses grown for
seed, the department shall, by order, certify approval of such alternate.
Thereafter, in any case which any such approved alternate is reasonably
available, the open burning of field and turf grasses grown for seed shall be
disallowed and no permit shall issue therefor.
(3)
Until approved alternates become available, the department or the authority may
limit the number of acres on a pro rata basis among those affected for which
permits to burn will be issued in order to effectively control emissions from
this source.
(4)
Permits issued for burning of field and turf grasses may be conditioned to
minimize emissions insofar as practical, including denial of permission to burn
during periods of adverse meteorological conditions.
Sec.
29. RCW
51.44.170 and 1990 c 204 s 2 are each amended to read as follows:
The
industrial insurance premium refund account is created in the state treasury.
All industrial insurance refunds earned by state agencies or institutions of
higher education under the state fund retrospective rating program shall be
deposited into the account. ((Interest on the moneys in the account shall be
deposited into the general fund.)) Moneys in the account may be spent only
after appropriation. No agency or institution of higher education may receive
an appropriation for an amount greater than the refund earned by the agency.
Expenditures from the account may be used for any program within an agency or
institution of higher education, but preference shall be given to programs that
promote or provide incentives for employee safety and early, appropriate
return-to-work for injured employees.
Sec.
30. RCW
82.14.320 and 1990 2nd ex.s. c 1 s 104 are each amended to read as follows:
(1)
The municipal criminal justice assistance account is created in the state
treasury. The account shall consist of all motor vehicle excise tax receipts
deposited into the account under chapter 82.44 RCW.
(2)
No city may receive a distribution under this section from the municipal
criminal justice assistance account unless:
(a)
The city has a crime rate in excess of one hundred twenty-five percent of the
state-wide average as calculated in the most recent annual report on crime in
Washington state as published by the Washington association of sheriffs and
police chiefs;
(b)
The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate
or the tax authorized in RCW 82.46.010(2) at the maximum rate; and
(c)
The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at
the maximum rate of less than one hundred fifty percent of the state-wide
average per capita yield for all cities from such local sales and use tax.
(3)
The moneys deposited in the municipal criminal justice (([assistance])) assistance
account for distribution under this section shall be distributed at such times
as distributions are made under RCW 82.44.150. The distributions shall be made
as follows:
(a)
Thirty percent of the moneys shall be distributed ratably based on population
as last determined by the office of financial management to those cities
eligible under subsection (2) of this section that have a crime rate determined
under subsection (2)(a) of this section which is greater than two times the
state-wide average crime rate. No city may receive more than fifty percent of
any moneys distributed under this subsection (a).
(b)
The remainder of the moneys shall be distributed to all cities eligible under subsection
(2) of this section ratably based on population as last determined by the
office of financial management.
(4) No
city may receive more than thirty percent of all moneys distributed under
subsection (3) of this section.
(5)
Moneys distributed under this section shall be expended exclusively for
criminal justice purposes and shall not be used to replace or supplant existing
funding.
(6)
This section expires January 1, 1994.
Sec.
31. RCW
76.04.630 and 1989 c 362 s 2 and 1989 c 175 s 162 are each reenacted and
amended to read as follows:
There
is created a landowner contingency forest fire suppression account ((which
shall be a separate account)) in the state treasury. Moneys in the account
may be spent only as provided in this section. Disbursements from the account
shall be on authorization of the commissioner of public lands or the
commissioner's designee. The account is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is required for
disbursements.
The
department may expend from this account such amounts as may be available and as
it considers appropriate for the payment of emergency fire costs resulting from
a participating landowner fire. The department may, when moneys are available
from the landowner contingency forest fire suppression account, expend moneys
for summarily abating, isolating, or reducing an extreme fire hazard under RCW
76.04.660. All moneys recovered as a result of the department's actions, from
the owner or person responsible, under RCW 76.04.660 shall be deposited in the
landowner contingency forest fire suppression account.
When a
determination is made that the fire was started by other than a landowner
operation, moneys expended from this account in the suppression of such fire
shall be recovered from such general fund appropriations as may be available
for emergency fire suppression costs. The department shall deposit in the
landowner contingency forest fire suppression account any moneys paid out of
the account which are later recovered, less reasonable costs of recovery.
This
account shall be established and renewed by a special forest fire suppression
account assessment paid by participating landowners at a rate to be established
by the department, but not to exceed fifteen cents per acre per year for such
period of years as may be necessary to establish and thereafter reestablish a
balance in the account of three million dollars. The department may establish
a minimum assessment for ownership parcels identified in RCW 76.04.610 as
paying the minimum assessment. The maximum assessment for these parcels shall
not exceed the fees levied on a thirty-acre parcel. There shall be no
assessment on each parcel of privately owned lands of less than two acres. The
assessments may differ to equitably distribute the assessment based on
emergency fire suppression cost experience necessitated by landowner
operations. Amounts assessed for this account shall be a lien upon the forest
lands with respect to which the assessment is made and may be collected as
directed by the department in the same manner as forest protection
assessments. ((This account shall be held by the state treasurer, who is
authorized to invest so much of the account as is not necessary to meet current
needs. Any interest earned on moneys from the account shall be deposited in
and remain a part of the account and shall be computed as part of same in
determining the balance thereof. Interfund loans to and from this account are
authorized at the current rate of interest as determined by the state
treasurer, provided that the effect of the loan is considered for purposes of
determining the assessments.)) Payment of emergency costs from this
account shall in no way restrict the right of the department to recover costs
pursuant to RCW 76.04.495 or other laws.
When
the department determines that a forest fire was started in the course of or as
a result of a landowner operation, it shall notify the forest fire advisory
board of the determination. The determination shall be final, unless, within
ninety days of the notification, the forest fire advisory board or any
interested party serves a request for a hearing before the department. The
hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW,
the administrative procedure act, and any appeal shall be in accordance with
RCW 34.05.510 through 34.05.598.
Sec.
32. RCW
43.33A.160 and 1985 c 57 s 32 are each amended to read as follows:
(1)
The state investment board shall be funded from the earnings of the funds
managed by the state investment board, proportional to the value of the assets
of each fund, subject to legislative appropriation.
(2)
There is established in the state treasury a state investment board expense
account from which shall be paid the operating expenses of the state investment
board. Prior to November 1 of each even-numbered year, the state investment
board shall determine and certify to the state treasurer and the office of financial
management the value of the various funds managed by the investment board in
order to determine the proportional liability of the funds for the operating
expenses of the state investment board. Pursuant to appropriation, the state
treasurer is authorized to transfer such moneys from the various funds managed
by the investment board to the state investment board expense account as are
necessary to pay the operating expenses of the investment board. ((All
earnings of investments of balances in the state investment board expense
account shall be credited to the state investment board expense account.))
Sec.
33. RCW
43.83B.360 and 1985 c 57 s 46 are each amended to read as follows:
((At
the time the state finance committee determines to issue such bonds authorized
in RCW 43.83B.300, and 43.83B.355 through 43.83B.375 or a portion thereof, it
may, pending the issuance thereof, issue in the name of the state, temporary
notes in anticipation of the money to be derived from the sale of the bonds,
which notes shall be designated as "bond anticipation notes".))
The proceeds from the sale of bonds ((and notes)) authorized by RCW
43.83B.300, and 43.83B.355 through 43.83B.375 shall be deposited in the state
emergency water projects revolving account, hereby created in the state
treasury, and shall be used exclusively for the purposes specified in RCW
43.83B.300, and 43.83B.355 through 43.83B.375 and for the payment of expenses
incurred in the issuance and sale of such bonds ((and notes: PROVIDED, That
such portion of the proceeds of the sale of such bonds as may be required for
the payment of the principal and interest on such anticipation notes as have
been issued, shall be deposited in the state emergency water projects bond redemption
fund of 1977 in the state treasury created by RCW 43.83B.370. All earnings of
investments of balances in the state emergency water projects revolving account
shall be credited to the general fund)).
Sec.
34. RCW
82.14.050 and 1991 c 207 s 2 are each amended to read as follows:
The
counties, cities, and transportation authorities under RCW 82.14.045 and public
facilities districts under chapter 36.100 RCW shall contract, prior to the
effective date of a resolution or ordinance imposing a sales and use tax, the
administration and collection to the state department of revenue, which shall
deduct a percentage amount, as provided by contract, not to exceed two percent
of the taxes collected for administration and collection expenses incurred by
the department. The remainder of any portion of any tax authorized by this
chapter which is collected by the department of revenue shall be deposited by
the state department of revenue in the local sales and use tax account hereby
created in the state treasury. Moneys in the local sales and use tax account
may be spent only for distribution to counties, cities, transportation
authorities, and public facilities districts imposing a sales and use tax. All
administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as
they now exist or may hereafter be amended, shall, insofar as they are
applicable to state sales and use taxes, be applicable to taxes imposed
pursuant to this chapter. Except as provided in RCW 43.08.190, all
earnings of investments of balances in the local sales and use tax account
shall be credited to the local sales and use tax account and distributed to the
counties, cities, transportation authorities, and public facilities districts
monthly.
Sec.
35. RCW
43.19.610 and 1986 c 312 s 902 are each amended to read as follows:
There
is hereby established in the state treasury an account to be known as the motor
transport account into which shall be paid all moneys, funds, proceeds, and
receipts as provided in RCW 43.19.615 and as may otherwise be provided by law.
Disbursements therefrom shall be made in accordance with the provisions of RCW
43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as authorized by the
director or ((his)) a duly authorized representative and as may
be provided by law. ((All earnings of investments of balances in the motor
transport account shall be credited to the general fund.
The
state treasurer shall transfer to the general fund two million dollars from the
motor transport account on or before June 30, 1987.))
Sec.
36. RCW
27.34.090 and 1985 c 57 s 7 are each amended to read as follows:
All
moneys in the state capitol historical museum association account hereby
created in the state treasury and any moneys appropriated from that account,
shall be expended for the purposes of the state capital historical association
museum as determined by a majority of the governing board of the state capital
historical association. ((All earnings of investments of balances in the
state capitol historical association museum account shall be credited to the
general fund.))
Sec.
37. RCW
82.42.090 and 1985 c 57 s 86 are each amended to read as follows:
All
moneys collected by the director from the aircraft fuel excise tax as provided
in RCW 82.42.020 shall be transmitted to the state treasurer and shall be
credited to the aeronautics account hereby created in the state treasury.
Moneys collected from the consumer or user of aircraft fuel from either the use
tax imposed by RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020
shall be transmitted to the state treasurer and credited to the state general
fund. ((All earnings of investments of balances in the aeronautics account
shall be credited to the general fund.))
Sec.
38. RCW
47.68.236 and 1985 c 57 s 63 are each amended to read as follows:
There
is hereby created in the state treasury an account to be known as the aircraft
search and rescue, safety, and education account. All moneys received by the
department under RCW 47.68.233 shall be deposited in such account. ((All
earnings of investments of balances in the aircraft search and rescue, safety,
and education account shall be credited to the general fund.))
Sec.
39. RCW
43.79.201 and 1991 c 204 s 3 are each amended to read as follows:
(1) ((All
moneys in the state treasury to the credit of that fund now denoted as the
C.E.P. & R.I. fund on and after March 20, 1961, and all moneys thereafter
paid into the state treasury for or to the credit of such fund shall be and are
hereby transferred to and placed in)) The charitable, educational,
penal and reformatory institutions account((,)) is hereby
created, in the state treasury, into which ((fund)) account there
shall ((also)) be deposited all moneys arising from the sale, lease or
transfer of the land granted by the United States government to the state for
charitable, educational, penal and reformatory institutions by section 17 of
the enabling act, or otherwise set apart for such institutions, except all
moneys arising from the sale, lease, or transfer of that certain one hundred
thousand acres of such land assigned for the support of the University of
Washington by chapter 91, Laws of 1903 and section 9, chapter 122, Laws of
1893. ((All earnings of investments of balances in the charitable,
educational, penal and reformatory institutions account shall be credited to
the account.))
(2) If
feasible, not less than one-half of all income to the charitable, educational,
penal, and reformatory institutions account shall be appropriated for the
purpose of providing housing, including repair and renovation of state
institutions, for persons who are mentally ill, developmentally disabled, or
youth who are blind, deaf, or otherwise disabled. If moneys are appropriated
for community-based housing, the moneys shall be appropriated to the department
of community development for the housing assistance program under chapter
43.185 RCW.
Sec.
40. RCW
70.93.180 and 1985 c 57 s 68 are each amended to read as follows:
There
is hereby created an account within the state treasury to be known as the
"litter control account". All assessments, fines, bail forfeitures,
and other funds collected or received pursuant to this chapter shall be
deposited in the litter control account and used for the administration and
implementation of this chapter except as required to be otherwise distributed
under RCW 70.93.070. ((All earnings of investments of balances in the litter
control account shall be credited to the general fund.))
Sec.
41. RCW
46.08.172 and 1988 ex.s. c 2 s 901 are each amended to read as follows:
There
is hereby established an account in the state treasury to be known as the
"state capitol vehicle parking account". The director of the
department of general administration shall establish an equitable and
consistent employee parking rental fee for state owned or leased property,
effective July 1, 1988. All fees shall take into account the market rate of
comparable privately owned rental parking, as determined by the director. All
unpledged parking rental income collected by the department of general
administration from rental of parking space on the capitol grounds and the east
capitol site shall be deposited in the "state capitol vehicle parking
account". ((All earnings of investments of balances in the state
capitol vehicle parking account shall be credited to the general fund.))
The
"state capitol vehicle parking account" shall be used to pay costs
incurred in the operation, maintenance, regulation and enforcement of vehicle
parking and parking facilities at the state capitol.
Sec.
42. RCW
43.99.040 and 1985 c 57 s 53 are each amended to read as follows:
There
is created the marine fuel tax refund account in the state treasury. ((All
earnings of investments of balances in the marine fuel tax refund account shall
be credited to the general fund.)) From time to time, but at least once
each biennium, the director of licensing shall request the state treasurer to
refund from the motor vehicle fund amounts which have been determined to be tax
on marine fuel. The state treasurer shall refund such amounts and place them in
the marine fuel tax refund account to be held for those entitled thereto
pursuant to chapter 82.36 RCW and RCW 43.99.050, except that he shall not
refund and place in the marine fuel tax refund account for any period for which
a determination has been made pursuant to RCW 43.99.030 more than the greater
of the following amounts: (1) An amount equal to two percent of all moneys
paid to him as motor vehicle fuel tax for such period, (2) an amount necessary
to meet all approved claims for refund of tax on marine fuel for such period.
Sec.
43. RCW
43.83A.030 and 1985 c 57 s 44 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter ((and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec.
44. RCW
43.99F.030 and 1985 c 57 s 56 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter shall be deposited
in the state and local improvements revolving account, Waste Disposal
Facilities, 1980 hereby created in the state treasury and shall be used
exclusively for the purpose specified in this chapter and for payment of the
expenses incurred in the issuance and sale of the bonds. ((All earnings of
investments of balances of such account shall be credited to the state and
local improvements revolving account, Waste Disposal Facilities, 1980.))
Sec.
45. RCW
28B.10.851 and 1985 c 57 s 11 are each amended to read as follows:
The
proceeds from the sale of the bonds authorized herein, together with all
grants, donations, transferred funds and all other moneys which the state
finance committee may direct the state treasurer to deposit therein shall be
deposited in the state higher education construction account hereby created in
the state treasury. ((All earnings of investments of balances in the state
higher education construction account shall be credited to the general fund.))
Sec.
46. RCW
43.83.020 and 1987 1st ex.s. c 3 s 9 are each amended to read as follows:
The
proceeds from the sale of the bonds authorized herein shall be deposited in the
state building construction account which is hereby established in the state
treasury and shall be used exclusively for the purposes of carrying out the
provisions of the capital appropriation acts, and for payment of the expense
incurred in the printing, issuance, and sale of such bonds. ((All earnings
of investments of balances in the state building construction account shall be
credited to the general fund.))
Sec.
47. RCW
28B.50.360 and 1985 c 390 s 56 and 1985 c 57 s 16 are each reenacted and
amended to read as follows:
((There
is hereby created in the state treasury a community college bond retirement
fund.)) Within thirty-five days from the date of start of each quarter all
building fees of each such community college shall be paid into the state
treasury, and shall be credited as follows:
(1) On
or before June 30th of each year the college board if issuing bonds payable out
of building fees shall certify to the state treasurer the amounts required in
the ensuing twelve-month period to pay and secure the payment of the principal
of and interest on such bonds. The state treasurer shall thereupon deposit the
amounts so certified in the community college ((bond retirement fund which
fund as required, is hereby created in the state treasury)) capital
projects account. Such amounts of the funds deposited in the ((bond
retirement fund)) community college capital projects account as are
necessary to pay and secure the payment of the principal of and interest on the
building bonds issued by the college board as authorized by this chapter shall
be exclusively devoted to that purpose. If in any twelve-month period it shall
appear that the amount certified by the college board is insufficient to pay
and secure the payment of the principal of and interest on the outstanding
building bonds, the state treasurer shall notify the college board and such
board shall adjust its certificate so that all requirements of moneys to pay
and secure the payment of the principal and interest on all such bonds then
outstanding shall be fully met at all times.
(2) ((That
portion of the building fees not required for or in excess of the amounts
necessary to pay and secure the payment of any of the bonds as provided in
subsection (1) above shall be deposited in)) The community college
capital projects account ((which account)) is hereby created in the
state treasury. The sums deposited in the capital projects account shall be
appropriated and expended exclusively to pay and secure the payment of the
principal of and interest on bonds payable out of the building fees and for
the construction, reconstruction, erection, equipping, maintenance, demolition
and major alteration of buildings and other capital assets owned by the state
board for community college education in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements or
appurtenances in relation thereto, and for the payment of principal of and
interest on any bonds issued for such purposes. ((All earnings of
investments of balances in the community college capital projects account shall
be credited to the general fund.))
(3)
Notwithstanding the provisions of subsections (1) and (2) above, at such time
as all outstanding building bonds of the college board payable from the
community college ((bond retirement fund)) capital projects account
have been paid, redeemed, and retired, or at such time as ample provision has
been made by the state for full payment, from some source other than the
community college ((bond retirement fund)) capital projects account,
of the principal of and the interest on and call premium, if applicable, of
such bonds as they mature and/or upon their call prior to their maturity,
through refunding or otherwise, that portion of all building fees of the
community colleges equal to the amount required to pay yearly debt service on
any general obligation bonds issued by the state in accordance with Article
VIII, section 1, Washington state Constitution, for community college purposes,
shall be paid into the general fund of the state treasury. The state finance
committee shall determine whether ample provision has been made for payment of
such bonds payable from the ((said bond retirement fund)) community
college capital projects account and shall determine the amount required to
pay yearly debt service on such general obligation bonds of the state. Nothing
in this subsection shall be construed as obligating the legislature or the
state to provide for payment of such community college building bonds from some
source other than the community college ((bond retirement fund)) capital
projects account or as pledging the general credit of the state to the
payment of such bonds.
Sec.
48. RCW
28B.50.360 and 1991 c 238 s 51 and 1985 c 57 s 16 are each reenacted and amended
to read as follows:
((There
is hereby created in the state treasury a community and technical college bond
retirement fund.)) Within thirty-five days from the date of start of each
quarter all building fees of each such community and technical college shall be
paid into the state treasury, and shall be credited as follows:
(1) On
or before June 30th of each year the college board if issuing bonds payable out
of building fees shall certify to the state treasurer the amounts required in
the ensuing twelve-month period to pay and secure the payment of the principal
of and interest on such bonds. The state treasurer shall thereupon deposit the
amounts so certified in the community and technical college ((bond
retirement fund which fund as required, is hereby created in the state treasury))
capital projects account. Such amounts of the funds deposited in the ((bond
retirement fund)) community and technical college capital projects
account as are necessary to pay and secure the payment of the principal of
and interest on the building bonds issued by the college board as authorized by
this chapter shall be exclusively devoted to that purpose. If in any
twelve-month period it shall appear that the amount certified by the college
board is insufficient to pay and secure the payment of the principal of and
interest on the outstanding building bonds, the state treasurer shall notify
the college board and such board shall adjust its certificate so that all
requirements of moneys to pay and secure the payment of the principal and
interest on all such bonds then outstanding shall be fully met at all times.
(2) ((That
portion of the building fees not required for or in excess of the amounts
necessary to pay and secure the payment of any of the bonds as provided in
subsection (1) of this section shall be deposited in)) The community
and technical college capital projects account ((which account)) is
hereby created in the state treasury. The sums deposited in the capital
projects account shall be appropriated and expended exclusively to pay and
secure the payment of the principal of and interest on bonds payable out of the
building fees and for the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of buildings and other
capital assets owned by the state board for community and technical colleges in
the name of the state of Washington, and the acquisition of sites,
rights-of-way, easements, improvements or appurtenances in relation thereto,
and for the payment of principal of and interest on any bonds issued for such
purposes. ((All earnings of investments of balances in the capital projects
account shall be credited to the general fund.))
(3)
Notwithstanding the provisions of subsections (1) and (2) of this section, at
such time as all outstanding building bonds of the college board payable from
the community and technical college ((bond retirement fund)) capital
projects account have been paid, redeemed, and retired, or at such time as
ample provision has been made by the state for full payment, from some source
other than the ((bond retirement fund)) community and technical
college capital projects account, of the principal of and the interest on
and call premium, if applicable, of such bonds as they mature and/or upon their
call prior to their maturity, through refunding or otherwise, that portion of
all building fees of the community and technical colleges equal to the amount
required to pay yearly debt service on any general obligation bonds issued by
the state in accordance with Article VIII, section 1, Washington state
Constitution, for community and technical college purposes, shall be paid into
the general fund of the state treasury. The state finance committee shall
determine whether ample provision has been made for payment of such bonds
payable from the ((said bond retirement fund)) community and
technical college capital projects account and shall determine the amount
required to pay yearly debt service on such general obligation bonds of the
state. Nothing in this subsection shall be construed as obligating the
legislature or the state to provide for payment of such college building bonds
from some source other than the community and technical college ((bond
retirement fund)) capital projects account or as pledging the
general credit of the state to the payment of such bonds.
Sec.
49. RCW
28B.35.370 and 1985 c 390 s 47 and 1985 c 57 s 15 are each reenacted and
amended to read as follows:
Within
thirty-five days from the date of collection thereof all building fees of each
regional university and The Evergreen State College shall be paid into the
state treasury and these together with such normal school fund revenues as
provided in RCW 28B.35.751 as are received by the state treasury shall be
credited as follows:
(1) On
or before June 30th of each year the board of trustees of each regional
university and The Evergreen State College, if issuing bonds payable out of its
building fees and above described normal school fund revenues, shall certify to
the state treasurer the amounts required in the ensuing twelve months to pay
and secure the payment of the principal of and interest on such bonds. The
amounts so certified by each regional university and The Evergreen State
College shall be a prior lien and charge against all building fees and above
described normal school fund revenues of such institution. The state treasurer
shall thereupon deposit the amounts so certified in the Eastern Washington
University ((bond retirement fund)) capital projects account, the
Central Washington University ((bond retirement fund)) capital
projects account, the Western Washington University ((bond retirement
fund)) capital projects account, or The Evergreen State College ((bond
retirement fund)) capital projects account respectively, which ((funds))
accounts are hereby created in the state treasury((, such funds for
the regional universities being redesignations for the Eastern Washington State
College bond retirement fund, the Central Washington State College bond
retirement fund, and the Western Washington State College bond retirement fund,
respectively)). The amounts deposited in the respective ((bond
retirement funds)) capital projects accounts shall be used
exclusively to pay and secure the payment of the principal of and interest on
the building bonds issued by such regional universities and The Evergreen State
College as authorized by law. If in any twelve month period it shall appear
that the amount certified by any such board of trustees is insufficient to pay
and secure the payment of the principal of and interest on the outstanding
building and above described normal school fund revenue bonds of its
institution, the state treasurer shall notify the board of trustees and such
board shall adjust its certificate so that all requirements of moneys to pay
and secure the payment of the principal of and interest on all such bonds then
outstanding shall be fully met at all times.
(2)
All ((building fees and above described)) normal school fund revenue ((not
needed for or in excess of the amounts certified to the state treasurer as
being required to pay and secure the payment of building or above described
normal school fund revenue bond principal or interest)) pursuant to RCW
28B.35.751 shall be deposited in the Eastern Washington University capital
projects account, the Central Washington University capital projects account,
the Western Washington University capital projects account, or The Evergreen
State College capital projects account respectively, which accounts are hereby
created in the state treasury((, such funds for the regional universities
being redesignations for the Eastern Washington State College capital projects
account, the Central Washington State College capital projects account, and the
Western Washington State College capital projects account, respectively)).
The sums deposited in the respective capital projects accounts shall be
appropriated and expended exclusively to pay and secure the payment of the
principal of and interest on bonds payable out of the building fees and normal
school revenue and for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alteration of buildings and other capital
assets, and the acquisition of sites, rights-of-way, easements, improvements or
appurtenances in relation thereto except for any sums transferred therefrom as
authorized by law. ((All earnings of investments of balances in these
respective capital projects accounts shall be credited to the general fund.))
Sec.
50. RCW
28B.30.730 and 1985 c 390 s 43 are each amended to read as follows:
For the
purpose of financing the cost of any projects, the board is hereby authorized
to adopt the resolution or resolutions and prepare all other documents
necessary for the issuance, sale and delivery of the bonds or any part thereof
at such time or times as it shall deem necessary and advisable. Said bonds:
(1)
Shall not constitute
(a) An
obligation, either general or special, of the state; or
(b) A
general obligation of Washington State University or of the board;
(2)
Shall be
(a)
Either registered or in coupon form; and
(b)
Issued in denominations of not less than one hundred dollars; and
(c)
Fully negotiable instruments under the laws of this state; and
(d)
Signed on behalf of the university by the president of the board, attested by
the secretary or the treasurer of the board, have the seal of the university
impressed thereon or a facsimile of such seal printed or lithographed in the
bottom border thereof, and the coupons attached thereto shall be signed with
the facsimile signatures of such president and secretary;
(3)
Shall state
(a)
The date of issue; and
(b)
The series of the issue and be consecutively numbered within the series; and
(c)
That the bond is payable both principal and interest solely out of the bond
retirement fund;
(4)
Each series of bonds shall bear interest, payable either annually or
semiannually, as the board may determine;
(5)
Shall be payable both principal and interest out of the bond retirement fund;
(6)
Shall be payable at such times over a period of not to exceed forty years from
date of issuance, at such place or places, and with such reserved rights of
prior redemption, as the board may prescribe;
(7)
Shall be sold in such manner and at such price as the board may prescribe;
(8)
Shall be issued under and subject to such terms, conditions and covenants
providing for the payment of the principal thereof and interest thereon and
such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as
found to be necessary by the board for the most advantageous sale thereof,
which may include but not be limited to:
(a) A
covenant that the building fees shall be established, maintained and collected
in such amounts that will provide money sufficient to pay the principal of and
interest on all bonds payable out of the bond retirement ((fund)) account,
to set aside and maintain the reserves required to secure the payment of such
principal and interest, and to maintain any coverage which may be required over
such principal and interest;
(b) A
covenant that a reserve account shall be created in the bond retirement fund to
secure the payment of the principal of and interest on all bonds issued and a
provision made that certain amounts be set aside and maintained therein;
(c) A
covenant that sufficient moneys may be transferred from the Washington State
University building account to the bond retirement ((fund)) account
when ordered by the board of regents in the event there is ever an insufficient
amount of money in the bond retirement ((fund)) account to pay
any installment of interest or principal and interest coming due on the bonds
or any of them;
(d) A
covenant fixing conditions under which bonds on a parity with any bonds
outstanding may be issued.
The
proceeds of the sale of all bonds((, exclusive of accrued interest which
shall be deposited in the bond retirement fund,)) shall be deposited in the
state treasury to the credit of the Washington State University building
account and shall be used solely for paying the costs of the projects. The
Washington State University building account shall be credited with the
investment income derived pursuant to RCW 43.84.080 on the investible balances
of scientific permanent fund and agricultural permanent fund, less the
allocation to the state treasurers' service account pursuant to RCW 43.08.190.
Sec.
51. RCW
28B.57.050 and 1985 c 57 s 18 are each amended to read as follows:
The
proceeds from the sale of the bonds ((and/or bond anticipation notes))
authorized herein, together with all grants, donations, transferred funds, and
all other moneys which the state finance committee or the college board may
direct the state treasurer to deposit therein, shall be deposited in the 1975
community college capital construction account, hereby created in the state
treasury. ((All earnings of investments of balances in the 1975 community
college capital construction account shall be credited to the general fund.))
Sec.
52. RCW
43.99.060 and 1985 c 57 s 54 are each amended to read as follows:
There
is created the outdoor recreation account in the state treasury, in which shall
be deposited all moneys received from the marine fuel tax refund account
pursuant to RCW 43.99.070, the proceeds of the bond issue authorized by ((chapter
12, Laws of 1963, extraordinary session)) chapter 43.98 RCW, RCW
43.31.620 and 43.31.740, and any moneys made available to the state of
Washington by the federal government for outdoor recreation not specifically
designated for another fund or agency. ((All earnings of investments of
balances in the outdoor recreation account shall be credited to the general
fund.))
Grants,
gifts, or other financial assistance awarded or designated for a particular
purpose, or proceeds received from public bodies as administrative cost contributions,
may be received and, when appropriated by the legislature, may be expended in
accordance with the general budget and accounting act.
Sec.
53. RCW
43.83B.030 and 1985 c 57 s 45 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec.
54. RCW
43.83C.030 and 1985 c 57 s 47 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec.
55. RCW
43.83D.030 and 1985 c 57 s 48 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account in the state
treasury and shall be used exclusively for the purpose specified in this
chapter and for payment of the expenses incurred in the issuance and sale of
the bonds.
Sec.
56. RCW
43.83H.030 and 1985 c 57 s 49 are each amended to read as follows:
((At
the time the state finance committee determines to issue such bonds authorized
in RCW 43.83H.010 or a portion thereof, pending the issuance of such bonds, it
may issue, in the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes shall be designated
as "anticipation notes".)) The proceeds from the sale of bonds
((and notes)) authorized by this chapter shall be deposited in the state
social and health services construction account hereby created in the state
treasury and shall be used exclusively for the purposes specified in this
chapter and for the payment of expenses incurred in the issuance and sale of
such bonds ((and notes: PROVIDED, Such portion of the proceeds of the sale
of such bonds as may be required for the payment of the principal and interest
on such anticipation notes as have been issued, shall be deposited in the bond
redemption fund created in RCW 43.83H.050. All earnings of investments of
balances in the state social and health services construction account shall be
credited to the general fund)).
Sec.
57. RCW
43.84.092 and 1990 2nd ex.s. c 1 s 204 are each amended to read as follows:
((Except
as provided in RCW 43.84.090,)) (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.
((Except
as provided in RCW 82.14.050,)) (2) Monthly, the state treasurer
shall distribute((, on or before July 20 of each year,)) the earnings
credited to the treasury income account ((as of June 30 to the funds for the
fiscal year in which it was earned)). ((Except as otherwise provided by
statute,)) The state treasurer shall credit the general fund with
all the earnings credited to the treasury income account except:
(a)
The ((various)) following accounts and funds ((in the
state treasury)) shall receive their proportionate share of earnings
based upon each account's and fund's average daily balance for the
period: ((PROVIDED, That)) 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 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 ((on the balances of the
forest reserve fund, the federal forest revolving fund, the liquor excise tax
fund, the treasury income account, the suspense account, the undistributed
receipts account, the state payroll revolving account, the agency vendor
payment revolving fund, and the local leasehold excise tax account shall be
credited to the state treasurer's service fund: PROVIDED FURTHER, That earnings
on the balances of the agency payroll revolving fund, the special fund salary
and insurance contribution increase revolving fund and special fund semimonthly
payroll revolving fund shall be credited to the state general fund)) to
be distributed under this subsection (2)(a) shall first be reduced by the
allocation to the state treasurer's service account 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.
Sec.
58. RCW
28A.515.320 and 1991 c 76 s 2 are each amended to read as follows:
The
common school construction fund is to be used exclusively for the purpose of
financing the construction of facilities for the common schools. The sources
of said fund shall be: (1) Those proceeds derived from sale or appropriation
of timber and other crops from school and state land ((subsequent to June
30, 1965,)) other than those granted for specific purposes; (2) the
interest accruing on the permanent common school fund ((from and after July
2, 1967,)) less the allocations to the state treasurer's service account
pursuant to RCW 43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160 together with all rentals and other revenue
derived therefrom and from land and other property devoted to the permanent
common school fund ((from and after July 1, 1967)); (3) all moneys
received by the state from the United States under the provisions of section
191, Title 30, United State Code, Annotated, and under section 810, chapter 12,
Title 16, (Conservation), United States Code, Annotated, except moneys received
before June 30, 2001, and when thirty megawatts of geothermal power is
certified as commercially available by the receiving utilities and the state
energy office, eighty percent of such moneys, under the Geothermal Steam Act of
1970 pursuant to RCW 43.140.030; and (4) such other sources as the legislature
may direct. That portion of the common school construction fund derived from
interest on the permanent common school fund may be used to retire such bonds
as may be authorized by law for the purpose of financing the construction of
facilities for the common schools.
The
interest accruing on the permanent common school fund less the allocations
to the state treasurer's service account pursuant to RCW 43.08.190 and the
state investment board expense account pursuant to RCW 43.33A.160 together
with all rentals and other revenues accruing thereto pursuant to subsection (2)
of this section prior to July 1, 1967, shall be exclusively applied to the
current use of the common schools.
To the
extent that the moneys in the common school construction fund are in excess of
the amount necessary to allow fulfillment of the purpose of said fund, the
excess shall be available for deposit to the credit of the permanent common
school fund or available for the current use of the common schools, as the
legislature may direct. Any money from the common school construction fund
which is made available for the current use of the common schools shall be
restored to the fund by appropriation, including interest income foregone,
before the end of the next fiscal biennium following such use.
Sec.
59. RCW
50.16.010 and 1987 c 202 s 218 are each amended to read as follows:
There
shall be maintained as special funds, separate and apart from all public moneys
or funds of this state an unemployment compensation fund, an administrative
contingency fund, and a federal interest payment fund, which shall be
administered by the commissioner exclusively for the purposes of this title,
and to which RCW 43.01.050 shall not be applicable. The unemployment
compensation fund shall consist of
(1)
all contributions and payments in lieu of contributions collected pursuant to
the provisions of this title,
(2) ((interest
earned upon any moneys in the fund,
(3))) any
property or securities acquired through the use of moneys belonging to the
fund,
(((4)))
(3) all earnings of such property or securities,
(((5)))
(4) any moneys received from the federal unemployment account in the
unemployment trust fund in accordance with Title XII of the social security
act, as amended,
(((6)))
(5) all money recovered on official bonds for losses sustained by the
fund,
(((7)))
(6) all money credited to this state's account in the unemployment trust
fund pursuant to section 903 of the social security act, as amended,
(((8)))
(7) all money received from the federal government as reimbursement
pursuant to section 204 of the federal-state extended compensation act of 1970
(84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(((9)))
(8) all moneys received for the fund from any other source.
All
moneys in the unemployment compensation fund shall be commingled and undivided.
The
administrative contingency fund shall consist of all interest on delinquent
contributions collected pursuant to this title ((after June 20, 1953)),
all fines and penalties collected pursuant to the provisions of this title, all
sums recovered on official bonds for losses sustained by the fund, and revenue
received under RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and
penalties collected or assessed by a district court because of the violation of
a state law shall be remitted as provided in chapter 3.62 RCW as now exists or
is later amended. Moneys available in the administrative contingency fund,
other than money in the special account created under RCW 50.24.014, shall be
expended upon the direction of the commissioner, with the approval of the
governor, whenever it appears to him or her that such expenditure is necessary
for:
(a)
The proper administration of this title and no federal funds are available for
the specific purpose to which such expenditure is to be made, provided, the
moneys are not substituted for appropriations from federal funds which, in the
absence of such moneys, would be made available.
(b)
The proper administration of this title for which purpose appropriations from
federal funds have been requested but not yet received, provided, the
administrative contingency fund will be reimbursed upon receipt of the
requested federal appropriation.
Money
in the special account created under RCW 50.24.014 may only be expended, after
appropriation, for the purposes specified in ((this 1985 act)) RCW
74.09.035, 74.09.510, 74.09.520, and 74.09.700.
Sec.
60. RCW
43.200.080 and 1990 c 21 s 6 are each amended to read as follows:
The
director of ecology shall, in addition to the powers and duties otherwise
imposed by law, have the following special powers and duties:
(1) To
fulfill the responsibilities of the state under the lease between the state of
Washington and the federal government executed September 10, 1964, covering one
thousand acres of land lying within the Hanford reservation near Richland,
Washington. The department of ecology may sublease to private or public
entities all or a portion of the land for specific purposes or activities which
are determined, after public hearing, to be in agreement with the terms of the
lease and in the best interests of the citizens of the state consistent with
any criteria that may be developed as a requirement by the legislature;
(2) To
assume the responsibilities of the state under the perpetual care agreement
between the state of Washington and the federal government executed July 29,
1965 and the sublease between the state of Washington and the site operator of
the Hanford low-level radioactive waste disposal facility. In order to finance
perpetual surveillance and maintenance under the agreement and ensure site
closure under the sublease, the department of ecology shall impose and collect
fees from parties holding radioactive materials for waste management purposes.
The fees shall be established by rule adopted under chapter 34.05 RCW and shall
be an amount determined by the department of ecology to be necessary to defray
the estimated liability of the state. Such fees shall reflect equity between
the disposal facilities of this and other states. ((All such fees, when
received by the department of ecology, shall be transmitted to the state
treasurer, who shall act as custodian. The perpetual maintenance fund is created
in the state treasury. The treasurer shall place the money in a special fund
which may be designated the "perpetual maintenance fund." The
perpetual maintenance fund shall be comprised of)) A site closure
account and a perpetual surveillance and maintenance account is hereby
created in the state treasury. The site closure account shall be
exclusively available to reimburse, to the extent that moneys are available in
the account, the site operator for its costs plus a reasonable profit as agreed
by the operator and the state, or to reimburse the state licensing agency and
any agencies under contract to the state licensing agency for their costs in
final closure and decommissioning of the Hanford low-level radioactive waste
disposal facility. If a balance remains in the account after satisfactory
performance of closure and decommissioning, this balance shall be transferred
to the perpetual surveillance and maintenance account. The perpetual
surveillance and maintenance account shall be used exclusively by the state to
meet post-closure surveillance and maintenance costs, or for otherwise
satisfying surveillance and maintenance obligations. Appropriations are
required to permit expenditures and payment of obligations from the site
closure account and the perpetual surveillance and maintenance account. ((Moneys
which on July 23, 1989, are in the perpetual maintenance account shall be
transferred to the perpetual surveillance and maintenance account. All moneys
currently administered by the department of ecology for closure of the Hanford
low-level radioactive waste disposal facility shall be transferred to the site
closure account within the perpetual maintenance fund. All future)) All
moneys, including ((interest, contributed to)) earnings from the investment
of balances in the site closure and the perpetual surveillance and
maintenance ((fund)) account, less the allocation to the state
treasurer's service account, pursuant to RCW 43.08.190 accruing under the
authority of this section shall be directed to the site closure account
until December 31, 1992. Thereafter receipts including earnings from the
investment of balances in the site closure and the perpetual surveillance and
maintenance account, less the allocation to the state treasurer's service
account, pursuant to RCW 43.08.190 shall be directed to the ((perpetual
maintenance fund)) site closure account and the perpetual surveillance
and maintenance account as specified by the department. ((Moneys in the
perpetual maintenance fund shall be invested by the state investment board in
the same manner as other state moneys. Any interest accruing as a result of
investment shall accrue to the perpetual maintenance fund.)) Additional
moneys specifically appropriated by the legislature or received from any public
or private source may be placed in the ((perpetual maintenance fund)) site
closure account and the perpetual surveillance and maintenance account;
(3) To
assure maintenance of such insurance coverage by state licensees, lessees, or
sublessees as will adequately, in the opinion of the director, protect the
citizens of the state against nuclear accidents or incidents that may occur on
privately or state-controlled nuclear facilities;
(4) To
institute a user permit system and issue site use permits, consistent with
regulatory practices, for generators, packagers, or brokers using the Hanford
low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site use permits. The
site use permit fee shall be set at a level that is sufficient to fund
completely the executive and legislative participation in activities related to
the Northwest Interstate Compact on Low-Level Radioactive Waste Management; ((and))
(5) To
make application for or otherwise pursue any federal funds to which the state
may be eligible, through the federal resource conservation and recovery act or
any other federal programs, for the management, treatment or disposal, and any
remedial actions, of wastes that are both radioactive and hazardous at all
Hanford low-level radioactive waste disposal facilities; and
(6) To
develop contingency plans for duties and options for the department and other
state agencies related to the Hanford low-level radioactive waste disposal
facility based on various projections of annual levels of waste disposal.
These plans shall include an analysis of expected revenue to the state in
various taxes and funds related to low-level radioactive waste disposal and the
resulting implications that any increase or decrease in revenue may have on
state agency duties or responsibilities. The ((initial set of)) plans
((shall be completed by October 1, 1989, and)) shall be updated
annually. The department shall report annually on the plans and on the balances
in the site closure and perpetual surveillance accounts to the energy and
utilities committees of the senate and the house of representatives.
Sec.
61. RCW
70.146.030 and 1987 c 505 s 64 and 1987 c 436 s 6 are each reenacted and
amended to read as follows:
(1)
The water quality account is hereby created in the state treasury. Moneys in
the account may be used only in a manner consistent with this chapter. Moneys
deposited in the account shall be administered by the department of ecology and
shall be subject to legislative appropriation. Moneys placed in the account
shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and
82.32.390, principal and interest from the repayment of any loans granted
pursuant to this chapter, and any other moneys appropriated to the account by
the legislature. ((All earnings from investment of balances in the water
quality account, except as provided in RCW 43.84.090, shall be credited to the
water quality account.))
(2)
The department may use or permit the use of any moneys in the account to make
grants or loans to public bodies, including grants to public bodies as
cost-sharing moneys in any case where federal, local, or other funds are made
available on a cost-sharing basis, for water pollution control facilities and
activities, or for purposes of assisting a public body to obtain an ownership
interest in water pollution control facilities and/or to defray a part of the
payments made by a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this chapter
and for related administrative expenses. No more than three percent of the
moneys deposited in the account may be used by the department to pay for the
administration of the grant and loan program authorized by this chapter.
(3)
The department shall present a progress report each biennium on the use of
moneys from the account to the chairs of the committees on ways and means of
the senate and house of representatives, including one copy to the staff of
each of the committees.
Sec.
62. RCW
70.164.030 and 1987 c 36 s 3 are each amended to read as follows:
(((1)))
The low-income weatherization assistance account is created in the state
treasury. All moneys from the money distributed to the state pursuant to Exxon
v. United States, 561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or any
other oil overcharge settlements or judgments distributed by the federal
government, that are allocated to the low-income weatherization assistance
account shall be deposited in the account. The department may accept such
gifts, grants, and endowments from public or private sources as may be made
from time to time, in trust or otherwise, and shall deposit such funds in the
account. Any moneys received from sponsor match payments shall be deposited in
the account. The legislature may also appropriate moneys to the account. Moneys
in the account shall be spent pursuant to appropriation and only for the
purposes and in the manner provided in RCW 70.164.040. Any moneys appropriated
that are not spent by the department shall return to the account.
(((2)
Notwithstanding RCW 43.84.090, all earnings of investments of balances in the
low-income weatherization assistance account shall be credited to the account.))
Sec.
63. RCW
79.90.555 and 1987 c 259 s 2 are each amended to read as follows:
The
aquatic land dredged material disposal site account is hereby established in
the state treasury. The account shall consist of funds appropriated to the
account; funds transferred or paid to the account pursuant to settlements;
court or administrative agency orders or judgments; gifts and grants to the
account; and all funds received by the department of natural resources from
users of aquatic land dredged material disposal sites. After appropriation,
moneys in the fund may be spent only for the management and environmental
monitoring of aquatic land dredged material disposal sites. The account is
subject to the allotment procedure provided under chapter 43.88 RCW. ((Notwithstanding
RCW 43.84.090, all earnings of investments of balances in the account shall be
credited to the account.))
Sec.
64. RCW
70.94.483 and 1990 c 128 s 5 are each amended to read as follows:
(1)
The wood stove education and enforcement account is hereby created in the ((general
fund)) state treasury. Money placed in the account shall include all
money received under subsection (2) of this section and any other money
appropriated by the legislature. Money in the account shall be spent for the
purposes of the wood stove education program established under RCW 70.94.480
and for enforcement of the wood stove program, and shall be subject to
legislative appropriation.
(2)
The department of ecology, with the advice of the advisory committee, shall set
a flat fee, not to exceed fifteen dollars, on the retail sale, as defined in
RCW 82.04.050, of each solid fuel burning device, excepting masonry
fireplaces((, after January 1, 1988)). The fee shall be imposed upon
the consumer and shall not be subject to the retail sales tax provisions of
chapters 82.08 and 82.12 RCW. The fee may be adjusted annually above fifteen
dollars according to changes in the consumer price index ((after January 1,
1989)). The fee shall be collected by the department of revenue in
conjunction with the retail sales tax under chapter 82.08 RCW. If the seller
fails to collect the fee herein imposed or fails to remit the fee to the
department of revenue in the manner prescribed in chapter 82.08 RCW, the seller
shall be personally liable to the state for the amount of the fee. The collection
provisions of chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove education and
enforcement account.
Sec.
65. RCW
70.94.483 and 1991 c 199 s 505 are each amended to read as follows:
(1)
The wood stove education and enforcement account is hereby created in the ((general
fund)) state treasury. Money placed in the account shall include
all money received under subsection (2) of this section and any other money
appropriated by the legislature. Money in the account shall be spent for the
purposes of the wood stove education program established under RCW 70.94.480
and for enforcement of the wood stove program, and shall be subject to
legislative appropriation.
(2)
The department of ecology, with the advice of the advisory committee, shall set
a flat fee of thirty dollars, on the retail sale, as defined in RCW 82.04.050,
of each solid fuel burning device after January 1, 1992. The fee shall be
imposed upon the consumer and shall not be subject to the retail sales tax
provisions of chapters 82.08 and 82.12 RCW. The fee may be adjusted annually
above thirty dollars to account for inflation as determined by the state office
of the economic and revenue forecast council. The fee shall be collected by
the department of revenue in conjunction with the retail sales tax under
chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or
fails to remit the fee to the department of revenue in the manner prescribed in
chapter 82.08 RCW, the seller shall be personally liable to the state for the
amount of the fee. The collection provisions of chapter 82.32 RCW shall
apply. The department of revenue shall deposit fees collected under this
section in the wood stove education and enforcement account.
Sec.
66. RCW
47.78.010 and 1990 c 43 s 47 are each amended to read as follows:
There
is hereby established in the state treasury the high capacity transportation
account. Money in the account shall be used, after appropriation, for local
high capacity transportation purposes including rail freight. ((All
earnings of investments of any balances in the high capacity transportation
account shall be credited to the account except as provided in RCW 43.84.090
and 43.84.092.))
Sec.
67. RCW
22.09.411 and 1987 c 509 s 8 are each amended to read as follows:
(1)
There is hereby established a fund to be known as the grain indemnity fund.
The grain indemnity fund shall consist of assessments remitted by licensees
pursuant to the provisions of RCW 22.09.416 through 22.09.426 ((and any
interest or earnings on the fund balance)).
(2)
All assessments shall be paid to the department and shall be deposited in the
grain indemnity fund. The state treasurer shall be the custodian of the grain
indemnity fund. Disbursements shall be on authorization of the director. No
appropriation is required for disbursements from this fund.
(3)
The grain indemnity fund shall be used exclusively for purposes of paying
claimants pursuant to this chapter, and paying necessary expenses of
administering the grain indemnity fund, provided however, that moneys
equivalent to one-half of the interest ((accumulated)) earned
by the fund for deposit to the general fund may be paid to the
department to defray costs of administering the warehouse audit program. The
state of Washington shall not be liable for any claims presented against the
fund.
Sec.
68. RCW
70.47.030 and 1987 1st ex.s. c 5 s 5 are each amended to read as follows:
The
basic health plan trust account is hereby established in the state treasury.
All funds appropriated for this chapter shall be deposited in the basic health
plan trust account and may be expended without further appropriation.
Disbursements from other moneys in the account shall be made pursuant to
appropriation and upon warrants drawn by the Washington basic health plan
administrator. Moneys in the account shall be used exclusively for the
purposes of this chapter, including payments to participating managed health
care systems on behalf of enrollees in the plan and payment of costs of
administering the plan. ((The earnings on any surplus balances in the basic
health plan trust account shall be credited to the account, notwithstanding RCW
43.84.090. After January 1, 1988,)) The administrator shall not
expend or encumber for an ensuing fiscal period amounts exceeding ninety
percent of the amounts anticipated to accrue in the account during the fiscal
period.
Sec.
69. RCW
70.105D.070 and 1989 c 2 s 7 are each amended to read as follows:
(1)
The state toxics control account and the local toxics control account are
hereby created in the state treasury.
(2)
The following moneys shall be deposited into the state toxics control account:
(a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-three
one-hundredths of one percent; (b) the costs of remedial actions recovered
under this chapter or chapter 70.105A RCW ((after March 1, 1989)); (c)
penalties collected or recovered under this chapter; and (d) any other money
appropriated or transferred to the account by the legislature. Moneys in the
account may be used only to carry out the purposes of this chapter, including
but not limited to the following activities:
(i)
The state's responsibility for hazardous waste planning, management,
regulation, enforcement, technical assistance, and public education required
under chapter 70.105 RCW;
(ii)
The state's responsibility for solid waste planning, management, regulation,
enforcement, technical assistance, and public education required under chapter
70.95 RCW;
(iii)
The hazardous waste cleanup program required under this chapter;
(iv)
State matching funds required under the federal cleanup law;
(v)
Financial assistance for local programs in accordance with RCW 70.95.130,
70.95.140, 70.95.220, 70.95.230, 70.95.530, 70.105.220, 70.105.225, 70.105.235,
and 70.105.260;
(vi)
State government programs for the safe reduction, recycling, or disposal of
hazardous wastes from households, small businesses, and agriculture;
(vii)
Hazardous materials emergency response training;
(viii)
Water and environmental health protection and monitoring programs;
(ix)
Programs authorized under chapter 70.146 RCW;
(x) A
public participation program, including regional citizen advisory committees;
(xi)
Public funding to assist potentially liable persons to pay for the costs of
remedial action in compliance with cleanup standards under RCW
70.105D.030(2)(d) but only when the amount and terms of such funding are
established under a settlement agreement under RCW 70.105D.040(4) and when the
director has found that the funding will achieve both (A) a substantially more
expeditious or enhanced cleanup than would otherwise occur, and (B) the
prevention or mitigation of unfair economic hardship; and
(xii)
Development and demonstration of alternative management technologies designed
to carry out the top two hazardous waste management priorities of RCW
70.105.150.
(3)
The following moneys shall be deposited into the local toxics control account:
Those revenues which are raised by the tax imposed under RCW 82.21.030 and
which are attributable to that portion of the rate equal to thirty-seven
one-hundredths of one percent. Moneys deposited in the local toxics control
account shall be used by the department for grants to local governments for the
following purposes in descending order of priority: (a) Remedial actions; (b)
hazardous waste plans and programs under RCW 70.105.220, 70.105.225,
70.105.235, and 70.105.260; and (c) solid waste plans and programs under RCW
70.95.130, 70.95.140, 70.95.220, and 70.95.230. Funds for plans and programs
shall be allocated consistent with the priorities and matching requirements
established in chapters 70.105 and 70.95 RCW.
(4)
Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys
in the state and local toxics control accounts may be spent only after
appropriation by statute. ((All earnings from investment of balances in the
accounts, except as provided in RCW 43.84.090, shall be credited to the
accounts.))
(5)
One percent of the moneys deposited into the state and local toxics control
accounts shall be allocated only for public participation grants to persons who
may be adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The primary
purpose of these grants is to facilitate the participation by persons and
organizations in the investigation and remedying of releases or threatened
releases of hazardous substances and to implement the state's solid and
hazardous waste management priorities. No grant may exceed fifty thousand
dollars though it may be renewed annually. Moneys appropriated for public
participation from either account which are not expended at the close of any
biennium shall revert to the state toxics control account.
(6) No
moneys deposited into either the state or local toxics control account may be
used for solid waste incinerator feasibility studies, construction,
maintenance, or operation.
(7)
The department shall adopt rules for grant issuance and performance.
Sec.
70. RCW
2.14.070 and 1988 c 109 s 18 are each amended to read as follows:
The
judicial retirement administrative account is created in the state treasury.
All expenses of the administrator for the courts under this chapter, including
staffing and administrative expenses, shall be paid out of the administrative
account. ((Notwithstanding RCW 43.84.090, all earnings of investments of
balances in the administrative account shall be credited to this account.))
Any excess ((of earnings of investments of balances credited to)) balance
of this account over administrative expenses disbursed from this account
shall be ((expended)) transferred to the principal account. Any
deficiency in the administrative account caused by an excess of administrative
expenses disbursed from this account over ((earnings of investments of
balances credited to)) the excess balance of this account shall be
transferred to this account from the principal account.
Sec.
71. RCW
70.170.080 and 1989 1st ex.s. c 9 s 508 are each amended to read as follows:
The
basic expenses for the hospital data collection and reporting activities of
this chapter shall be financed by an assessment against hospitals of no more
than four one-hundredths of one percent of each hospital's gross operating
costs, to be levied and collected from and after that date, upon which the
similar assessment levied under chapter 70.39 RCW is terminated, for the
provision of hospital services for its last fiscal year ending on or before
June 30th of the preceding calendar year. Budgetary requirements in excess of
that limit must be financed by a general fund appropriation by the
legislature. All moneys collected under this section shall be deposited by the
state treasurer in the hospital data collection account which is hereby created
in the state treasury. ((All earnings on investments of balances in the
hospital data collection account shall be credited to the general fund.))
The department may also charge, receive, and dispense funds or authorize any
contractor or outside sponsor to charge for and reimburse the costs associated
with special studies as specified in RCW 70.170.050.
Any
amounts raised by the collection of assessments from hospitals provided for in
this section which are not required to meet appropriations in the budget act for
the current fiscal year shall be available to the department in succeeding
years.
Sec.
72. RCW
90.76.100 and 1989 c 346 s 11 are each amended to read as follows:
The
underground storage tank account is created in the state treasury. Money in
the account may only be spent, subject to legislative appropriation, for the
administration and enforcement of the underground storage tank program
established under this chapter. The account shall contain:
(1)
All fees collected under RCW 90.76.090; and
(2)
All fines or penalties collected under RCW 90.76.080((; and
(3)
Any interest earned on the account, subject to RCW 43.84.090)).
Sec.
73. RCW
70.95.800 and 1989 c 431 s 90 are each amended to read as follows:
The
solid waste management account is created in the state treasury. Moneys in the
account may only be spent after appropriation. Expenditures from the account
may only be used to carry out the purposes of this act. ((All earnings from
the investment of balances in the solid waste management account except as
provided in RCW 43.84.090, shall be deposited into the solid waste management
account.))
Sec.
74. RCW
59.21.050 and 1991 c 327 s 12 are each amended to read as follows:
(1)
The mobile home park relocation fund is created in the custody of the state
treasurer. All legislative appropriations for mobile home relocation
assistance, receipts from fees collected under this chapter, and amounts
required to be paid by park-owners to low-income park tenants when there are
insufficient moneys in the fund shall be deposited into the fund. Expenditures
from the fund may be used only for relocation assistance under RCW 59.21.020,
or transfer to the mobile home park purchase fund under subsection (2) of this
section. Only the director of community development or the director's designee
may authorize expenditures from the fund. All relocation payments to
low-income park tenants, including those due from the park-owner shall be made
from the fund. The fund is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
(2) ((The
state treasurer shall maintain the fund and shall invest the fund moneys.
Moneys earned on these investments shall be deposited in the fund and shall be
used for the same purposes as other fund moneys.)) Unexpended and
unencumbered moneys that remain in the fund at the end of the fiscal year do
not revert to the state general fund but remain in the fund, separately
accounted for, as a contingency reserve, or if the director determines at the
end of any fiscal year beginning after December 31, 1991, that the fund
contains a surplus over the projected amount needed for relocation during the
upcoming year(s), any surplus may be transferred to the mobile home park
purchase fund created by chapter 59.22 RCW. However, the director may cause
any uncommitted funds in the mobile home park purchase fund which were
transferred from the mobile home park relocation fund to be transferred back to
the mobile home park relocation fund if that fund cannot otherwise meet its
current obligations.
(3) A
low-income park tenant who is entitled to relocation assistance under this
chapter is entitled to payment only after submitting an application which
includes: (a) A copy of the notice from the park-owner that the tenancy is
terminated due to closure of the park; (b) a copy of the rental agreement
currently in force; and (c) a copy of the contract entered into for the purpose
of relocating the mobile home, which includes the date of relocation.
(4)
The director may adopt rules for the administration of the fund.
Sec.
75. RCW
70.95E.080 and 1990 c 114 s 18 are each amended to read as follows:
The
hazardous waste assistance account is hereby created in the state treasury.
The following moneys shall be deposited into the hazardous waste assistance
account:
(1)
Those revenues which are raised by the fees imposed under RCW 70.95E.020 and
70.95E.030;
(2)
Penalties and surcharges collected under chapter 70.95C RCW and this chapter;
and
(3)
Any other moneys appropriated or transferred to the account by the
legislature. ((All earnings from investment of balances in the hazardous
waste assistance account, except as provided in RCW 43.84.090, shall be
credited to the hazardous waste assistance account.)) Moneys in the
hazardous waste assistance account may be spent only for the purposes of this
chapter following legislative appropriation.
Sec.
76. RCW
28B.30.741 and 1969 ex.s. c 223 s 28B.30.741 are each amended to read as
follows:
All
moneys received from the lease or rental of lands set apart by the enabling act
for a scientific school; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone, gravel or other
valuable material thereon, except for investment income derived pursuant to
RCW 43.84.080 and, less the allocation to the state investment board expense
account pursuant to RCW 43.33A.160; and all moneys received as interest on
deferred payments on contracts for the sale of such lands shall be deposited in
the "Washington State University bond retirement fund" to be expended
for the purposes set forth in RCW 28B.30.740.
Sec.
77. RCW
28B.30.742 and 1969 ex.s. c 223 s 28B.30.742 are each amended to read as
follows:
Whenever
federal law shall permit((, but in no event prior to July 1, 1967,)) all
moneys received from the lease or rental of lands set apart by the enabling act
for an agricultural college, all interest or income arising from the proceeds
of the sale of such lands or of the timber, fallen timber, stone, gravel or
other valuable material thereon, except for investment income derived
pursuant to RCW 43.84.080 and, less the allocation to the state investment
board expense account pursuant to RCW 43.33A.160; and all moneys received
as interest on deferred payments on contracts for the sale of such lands shall
be deposited in the Washington State University bond retirement fund to be
expended for the purposes set forth in RCW 28B.30.740.
Sec.
78. RCW
28B.20.810 and 1969 ex.s. c 223 s 28B.20.810 are each amended to read as
follows:
The
board of regents of the University of Washington is empowered to authorize from
time to time the transfer from the state university permanent fund to be held
in reserve in the bond retirement fund created by RCW 28B.20.720 any
unobligated funds and investments derived from lands set apart for the support
of the university by chapter 91, Laws of 1903 and section 9, chapter 122, Laws
of 1893, to the extent required to comply with bond covenants regarding
principal and interest payments and reserve requirements for bonds payable out
of the bond retirement fund up to a total amount of five million dollars, and
to transfer any or all of said unobligated funds and investments in excess of
five million dollars to the university building account created by RCW
43.79.330(22). Any funds transferred to the bond retirement fund pursuant to
this section shall be replaced by moneys first available out of the moneys
required to be deposited in such fund pursuant to RCW 28B.20.800. The board is
further empowered to direct the state finance committee to convert any
investments in such permanent fund acquired with funds derived from such lands
into cash or obligations of or guaranteed by the United States of America prior
to the transfer of such funds and investments to such reserve account or
building account.
((All
interest earned on and profits derived from the sale of any investments of
money in such University of Washington bond retirement fund shall be deposited
in and become a part of such fund.))
NEW
SECTION. Sec. 79. A new
section is added to chapter 43.63A RCW to read as follows:
The
state fire service training center bond retirement account of 1977 is hereby
reestablished as an account within the treasury for the purpose of the payment
of the principal of and interest on the bonds authorized to be issued pursuant
to chapter 349, Laws of 1977 ex. sess., or chapter 470, Laws of 1985 or, if the
legislature so determines, for any bonds and notes hereafter authorized and
issued for the commission for vocational education or the statutory successor
to its powers and duties involving the state fire training center.
The
state finance committee, on or before June 30th of each year, shall certify to
the state treasurer the amount required in the next succeeding twelve months
for the payment of the principal of and the interest coming due on such bonds.
The state treasurer shall withdraw from any general state revenues received in
the state treasury and deposit in the state general obligation bond retirement
fund such amounts and at such times as are required by the bond proceedings.
Sec.
80. RCW
28B.14C.060 and 1977 ex.s. c 354 s 6 are each amended to read as follows:
There
is hereby created in the state treasury the institutions of higher education
refunding bond retirement fund of 1977, which fund shall be devoted to the
payment of principal of, interest on and redemption premium, if any, on the
bonds authorized to be issued pursuant to this chapter.
The
state finance committee shall, on or before June 30 of each year, certify to
the state treasurer the amount needed in the next succeeding twelve months to
pay the installments of principal of and interest on the refunding bonds coming
due in such period. The state treasurer shall, not less than thirty days prior
to the due date of each installment, withdraw from any general state revenues
received in the state treasury an amount equal to the amount certified by the
state finance committee as being required to pay such installment; shall
deposit such amount in the institutions of higher education refunding bond
retirement fund of 1977; and shall apply in a timely manner the funds so
deposited to the payment of the installment due on the bonds.
((Moneys
in the said bond retirement fund may be invested as determined by the state
finance committee. Any interest and profits derived from such interim
investment shall be deposited into the said bond retirement fund.))
Sec.
81. RCW
43.79A.020 and 1984 c 7 s 47 are each amended to read as follows:
There
is created a trust fund outside the state treasury to be known as the
"treasurer's trust fund." All nontreasury trust funds which are in
the custody of the state treasurer on April 10, 1973, shall be placed in the
treasurer's trust fund and be subject to the terms of this chapter. Funds of
the state department of transportation shall be placed in the treasurer's trust
fund only if mutually agreed to by the state treasurer and the department. In
order to assure an orderly transition to a centralized management system, the
state treasurer may place each of such trust funds in the treasurer's trust fund
at such times as he deems advisable. Except for department of transportation
trust funds, all such funds shall be incorporated in the treasurer's trust fund
by June 30, 1975. Other funds in the custody of state officials or state
agencies may, upon their request, be established as accounts in the treasurer's
trust fund with the discretionary concurrence of the state treasurer. All
income received from the treasurer's trust fund investments shall be deposited
in the investment income account pursuant to RCW 43.79A.040.
Sec.
82. RCW
43.79A.040 and 1973 1st ex.s. c 15 s 4 are each amended to read as follows:
(1)
Money in the treasurer's trust fund may be deposited, invested and reinvested
by the state treasurer in accordance with RCW 43.84.080 in the same manner and
to the same extent as if the money were in the state treasury.
(2)
All income received from investment of the treasurer's trust fund shall be set
aside in an account in the treasury trust fund to be known as the investment
income account. ((On or before July 20 of each year)) Monthly,
the state treasurer shall distribute ((all money in)) the earnings
credited to the investment income account ((in the following manner.
Twenty percent to the treasurer's service fund in the state treasury to help
defray the costs of managing the treasurer's trust fund. The remaining eighty
percent shall be divided among the various agency accounts from which such
investments were made, in proportion to the respective balances thereof)) to
the state general fund except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The American Indian scholarship endowment fund, the energy account,
the game farm alternative account, and the self-insurance revolving fund.
However, the earnings to be distributed shall first be reduced by the
allocation to the state treasurer's service account 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 advanced right of way revolving fund, the
federal narcotics asset forfeitures account, the ferry system account, the
ferry system insurance claim reserve account, the ferry system operation and
maintenance account, the ferry system revenue account, the ferry system revenue
bond account, the high occupancy vehicle account, and the local rail service
assistance account.
(3)
In conformance with Article II, section 37 of the state Constitution, no trust
accounts or funds shall be allocated earnings without the specific affirmative
directive of this section.
Sec.
83. RCW
43.08.190 and 1985 c 405 s 506 are each amended to read as follows:
There
is hereby created a fund within the state treasury to be known as the
"state treasurer's service fund". Such fund shall be used solely for
the payment of costs and expenses incurred in the operation and administration
of the state treasurer's office.
((The
office of financial management may direct the state treasurer to transfer to
the general fund an amount not to exceed two million dollars from the state
treasurer's service fund for the 1983-85 fiscal biennium.)) Moneys
shall be allocated monthly and placed in the state treasurer's service fund
equivalent to a maximum of one percent of the trust and treasury average daily
cash balances from the earnings generated under the authority of RCW 43.79A.040
and 43.84.080 other than earnings generated from investment of balances in
funds and accounts specified in RCW 43.79.040(2)(b) or 43.84.092(2)(b). The
allocation shall precede the distribution of the remaining earnings as
prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall
establish a uniform allocation rate based on the appropriations for the
treasurer's office.
Sec.
84. RCW
90.48.390 and 1991 c 200 s 815 are each amended to read as follows:
The
coastal protection fund is established to be used by the department as a
revolving fund for carrying out the purposes of restoration of natural
resources under this chapter and chapter 90.56 RCW. To this fund there shall
be credited penalties, fees, damages, charges received pursuant to the
provisions of this chapter and chapter 90.56 RCW, compensation for damages
received under this chapter and chapter 90.56 RCW, and an amount equivalent to
one cent per gallon from each marine use refund claim under RCW 82.36.330.
Moneys
in the fund not needed currently to meet the obligations of the department in
the exercise of its powers, duties, and functions under RCW 90.48.142,
90.48.366, 90.48.367, and 90.48.368 shall be deposited with the state treasurer
to the credit of the fund ((and may be invested in such manner as is
provided for by law. Interest received on such investment shall be credited to
the fund)).
Sec.
85. RCW
28C.10.082 and 1987 c 459 s 2 are each amended to read as follows:
The
tuition recovery fund is hereby established in the custody of the state
treasurer. The agency shall deposit in the fund all moneys received under RCW
28C.10.084. Moneys in the fund may be spent only for the purposes under RCW
28C.10.084. Disbursements from the fund shall be on authorization of the
agency. The fund is subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements. ((All
earnings of investments of such balances shall be credited to the tuition
recovery fund.))
Sec.
86. RCW
43.250.030 and 1990 c 106 s 2 are each amended to read as follows:
There
is created a trust fund ((in the state treasury)) to be known as the
public funds investment account. The account is to be separately accounted
for and invested by the state treasurer. All moneys remitted under this
chapter shall be deposited in this account. ((The)) All earnings
on any balances in the public funds investment account, less moneys for
administration pursuant to RCW 43.250.060, shall be credited to the public
funds investment account((, notwithstanding RCW 43.84.090)).
Sec.
87. RCW
43.185.030 and 1991 c 356 s 3 are each amended to read as follows:
There
is hereby created ((a fund)) in the ((office of the treasurer)) state
treasury an account to be known as the Washington housing trust fund. The
housing trust fund shall include revenue from the sources established by this
chapter, appropriations by the legislature, private contributions, repayment of
loans, and all other sources.
Sec.
88. RCW
28B.10.882 and 1987 c 147 s 3 are each amended to read as follows:
Funds
appropriated by the legislature for the graduate fellowship program shall be
deposited in the graduate fellowship trust fund. ((All moneys deposited in
the fund shall be invested by the state treasurer. Notwithstanding RCW
43.84.090, all earnings of investments of balances in the fund shall be
credited to the fund.)) At the request of the higher education coordinating
board under RCW 28B.10.884, the treasurer shall release the state matching
funds to the designated institution's local endowment fund. No appropriation
is required for expenditures from the fund.
Sec.
89. RCW
59.22.030 and 1987 c 482 s 4 are each amended to read as follows:
The
mobile home park purchase ((fund)) account is hereby created ((and
shall be maintained)) in the ((office of the treasurer)) state
treasury. The purpose of this ((fund)) account is to provide
loans according to the provisions of this chapter and for related administrative
costs of the department. The ((fund)) account shall include
appropriations, loan repayments, ((interest,)) and any other money from
private sources made available to the state for the purposes of this chapter.
Owners of mobile home parks shall not be assessed for the purposes of this ((fund))
account.
Sec.
90. RCW
70.148.020 and 1991 c 4 s 7 are each amended to read as follows:
(1)
The pollution liability insurance program trust account is established in the
custody of the state treasurer. All funds appropriated for this chapter and
all premiums collected for reinsurance shall be deposited in the account.
Expenditures from the account shall be used exclusively for the purposes of
this chapter including payment of costs of administering the pollution
liability insurance and underground storage tank community assistance
programs. The account is subject to allotment procedures under chapter 43.88
RCW. Expenditures for payment of the costs of administering the program may be
made only after appropriation by statute. No appropriation is required for
other expenditures from the account. ((The earnings on any surplus balances
in the pollution liability insurance program trust account shall be credited to
the account notwithstanding RCW 43.84.090.))
(2)
Each calendar quarter, the director shall report to the insurance commissioner
and the chairs of the senate ways and means, senate financial institutions,
house of representatives revenue, and house of representatives financial
institutions committees, the loss and surplus reserves required for the
calendar quarter. The director shall notify the department of revenue of this
amount by the fifteenth day of each calendar quarter.
(3)
Each calendar quarter the director shall report to the chairs of the senate
ways and means, senate financial institutions, house of representatives
revenue, and house of representatives financial institutions and insurance
committees, the amount of reserves necessary to fund commitments made to
provide financial assistance under section 2, chapter 4, Laws of 1991, to the
extent that the financial assistance reserves do not jeopardize the operations
and liabilities of the pollution liability insurance program. The director
shall notify the department of revenue of this amount by the fifteenth day of
each calendar quarter. The director may immediately establish an initial
financial assistance reserve of five million dollars from available revenues.
The director may not expend more than fifteen million dollars for the financial
assistance program.
Sec.
91. RCW
4.92.220 and 1989 c 419 s 5 are each amended to read as follows:
(1) A
risk management account is hereby created in the treasury to be an appropriated
account used exclusively for the payment of costs related to:
(a)
The administration of liability, property and vehicle claims, including
investigation, claim processing, negotiation and settlement, and other expenses
relating to settlements and judgments against the state not otherwise budgeted;
and
(b)
Purchase of liability and property insurance, including catastrophic insurance,
subject to policy conditions and limitations determined by the risk manager.
(2) ((Earnings
on the account's assets shall be credited to the account, notwithstanding RCW
43.84.090.
(3))) The risk
management account shall be financed through a combination of direct
appropriations and assessments to state agencies.
Sec.
92. RCW
4.92.130 and 1989 c 419 s 4 are each amended to read as follows:
A
liability account in the custody of the treasurer is hereby created as a
nonappropriated account to be used solely and exclusively for the payment of
liability settlements and judgments against the state under 42 U.S.C. Sec. 1981
et seq. or for the tortious conduct of its officers, employees, and volunteers.
(1)
The purpose of the liability account is to: (a) Expeditiously pay legal
liabilities of the state resulting from tortious conduct; (b) promote risk
control through a cost allocation system which recognizes agency loss
experience, levels of self-retention, and levels of risk exposure; and (c)
establish an actuarially sound system to pay incurred losses, within defined
limits.
(2)
The liability account shall be used to pay claims for injury and property
damages exclusive of legal defense costs and agency-retained expenses otherwise
budgeted.
(3) No
money shall be paid from the liability account unless all proceeds available to
the claimant from any valid and collectible liability insurance shall have been
exhausted and unless:
(a)
The claim shall have been reduced to final judgment in a court of competent
jurisdiction; or
(b)
The claim has been approved for payment.
(4) ((Earnings
on the account's assets shall be credited to the account, notwithstanding RCW
43.84.090.
(5))) The
liability account shall be financed through annual premiums assessed to state
agencies, based on sound actuarial principles, and shall be for liability
coverage in excess of agency-budgeted self-retention levels.
(((6)))
(5) Annual premium levels shall be determined by the risk manager, with
the consultation and advice of the risk management advisory committee and
concurrence from the office of financial management. An actuarial study shall
be conducted to assist in determining the appropriate level of funding.
(((7)))
(6) Disbursements from the liability account shall be made to the
claimant, or to the clerk of the court for judgments, upon written request to
the state treasurer from the risk manager.
(((8)))
(7) The director of the office of financial management may direct
agencies to transfer moneys from other funds and accounts to the liability
account if premiums are delinquent.
(((9)))
(8) The liability account shall not exceed fifty percent of the
actuarial value of the outstanding liability as determined annually by the
office of risk management. If the account exceeds the maximum amount specified
in this section, premiums may be adjusted by the office of risk management in
order to maintain the account balance at the maximum limits. If, after
adjustment of premiums, the account balance remains above the limits specified,
the excess amount will be prorated back to the appropriate funds.
Sec.
93. RCW
43.84.051 and 1965 ex.s. c 104 s 5 are each amended to read as follows:
It
shall be the duty of the state treasurer to collect the interest, or other
income on, and the principal of the securities held in his or her
custody pursuant to RCW 43.84.041 as the said sums become due and payable, and
to pay the same when so collected into the respective funds to which the
principal and interest shall accrue, less the allocation to the state
treasurer's service account pursuant to RCW 43.08.190 and the state investment
board expense account pursuant to RCW 43.33A.160.
Sec.
94. RCW
43.79.130 and 1965 c 8 s 43.79.130 are each amended to read as follows:
There
shall be in the state treasury a permanent and irreducible fund known as the
"agricultural permanent fund," into which shall be paid all moneys
derived from the sale of lands set apart by the enabling act or otherwise for
an agricultural college. The income derived from investments pursuant to
RCW 43.84.080 shall be credited to the Washington State University building
account less the allocation to the state treasurer's service account pursuant
to RCW 43.08.190.
Sec.
95. RCW
28B.35.751 and 1977 ex.s. c 169 s 87 are each amended to read as follows:
All
moneys received from the lease or rental of lands set apart by the enabling act
for state normal schools purposes; all interest or income arising from the
proceeds of the sale of such lands or of the timber, fallen timber, stone,
gravel, or other valuable material thereon, less the allocation to the state
treasurer's service account pursuant to RCW 43.08.190 and the state investment
board expense account pursuant to RCW 43.33A.160; and all moneys received
as interest on deferred payments on contracts for the sale of such lands, shall
from time to time be paid into the state treasury and credited to the Eastern
Washington University, Central Washington University, Western Washington
University and The Evergreen State College capital projects accounts as
herein provided to be expended for capital projects, and bond retirement
purposes as set forth in RCW 28B.35.750, as now or hereafter amended. Eastern
Washington University, Central Washington University, Western Washington
University, and The Evergreen State College shall be credited with one-fourth
of the total amount: PROVIDED, That Eastern Washington University, Central
Washington University and Western Washington University shall each be credited
with one-third of the total amount for so long as there remain unpaid and
outstanding any bonds which are payable in whole or in part out of the moneys,
interest or income described in this section.
Sec.
96. RCW
43.79.110 and 1965 c 8 s 43.79.110 are each amended to read as follows:
There
shall be in the state treasury a permanent and irreducible fund known as the
"scientific permanent fund," into which shall be paid all moneys
derived from the sale of lands set apart by the enabling act or otherwise for a
scientific school. The income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account
less the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
Sec.
97. RCW
28B.20.800 and 1969 ex.s. c 223 s 28B.20.800 are each amended to read as
follows:
All
moneys hereafter received from the lease or rental of lands set apart for the
University of Washington by chapter 91, Laws of 1903 and section 9, chapter
122, Laws of 1893, and all interest or income arising from the proceeds of the
sale of such land, less the allocation to the state treasurer's service
account pursuant to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160, and all proceeds from the sale of
timber, fallen timber, stone, gravel, or other valuable material and all other
receipts therefrom shall be deposited to the credit of the "University of
Washington bond retirement fund" to be expended for the purposes set forth
in RCW 28B.20.720. All proceeds of sale of such lands, exclusive of ((interest))
investment income, shall be deposited to the credit of the state
university permanent fund, shall be retained therein and shall not be
transferred to any other fund or account. All interest earned or income
received from the investment of the money in the state university permanent
fund shall be deposited to the credit of the University of Washington bond retirement
fund less the allocations to the state treasurer's service fund pursuant to
RCW 43.08.190 and the state investment board expense account pursuant to RCW
43.33A.160.
As a
part of the contract of sale of bonds payable out of the University of Washington
bond retirement fund, the board of regents of the University of Washington may
covenant that all moneys derived from the above provided sources, which are
required to be paid into the bond retirement fund, shall continue to be paid
into such bond retirement fund for as long as any of such bonds are
outstanding.
Sec.
98. RCW
41.24.030 and 1989 c 194 s 1 and 1989 c 91 s 1 are each reenacted and amended
to read as follows:
There
is created in the state treasury a trust fund for the benefit of the fire
fighters of the state covered by this chapter, which shall be designated the
volunteer fire fighters' relief and pension fund and shall consist of:
(1)
All bequests, fees, gifts, emoluments, or donations given or paid to the fund.
(2) An
annual fee for each member of its fire department to be paid by each municipal
corporation for the purpose of affording the members of its fire department
with protection from death or disability as herein provided as follows:
(a)
Ten dollars for each volunteer or part-paid member of its fire department;
(b) A
sum equal to one and one-half of one percent of the annual salary attached to
the rank of each full-paid member of its fire department, prorated for 1970 on
the basis of services prior to March 1, 1970.
(3)
Where a municipal corporation has elected to make available to the members of
its fire department the retirement provisions as herein provided, an annual fee
of thirty dollars for each of its fire fighters electing to enroll therein, ten
dollars of which shall be paid by the municipality and twenty dollars of which
shall be paid by the fire fighter.
(4)
Forty percent of all moneys received by the state from taxes on fire insurance
premiums shall be paid into the state treasury and credited to the fund.
(5)
The state investment board, upon request of the state treasurer shall have full
power to invest or reinvest such portion of the amounts credited to the fund as
is not, in the judgment of the treasurer, required to meet current
withdrawals. Such investments shall be made in the manner prescribed by RCW
43.84.150 and not otherwise.
(6)
All bonds or other obligations purchased according to subsection (5) of this
section shall be forthwith placed in the custody of the state treasurer, and he
shall collect the principal thereof and interest thereon when due.
The
state investment board may sell any of the bonds or obligations so acquired and
the proceeds thereof shall be paid to the state treasurer.
The
interest and proceeds from the sale and redemption of any bonds or other
obligations held by the fund and invested by the state investment board
shall be credited to and form a part of the fund, less the allocation to the
state investment board expense account pursuant to RCW 43.33A.160.
All
amounts credited to the fund shall be available for making the payments
required by this chapter.
The
state treasurer shall make an annual report showing the condition of the fund.
Sec.
99. RCW
28B.10.868 and 1987 c 8 s 3 are each amended to read as follows:
Funds
appropriated by the legislature for the distinguished professorship program
shall be deposited in the distinguished professorship trust fund. ((All
moneys deposited in the fund shall be invested by the state treasurer.
Notwithstanding RCW 43.84.090, all earnings of investments of balances of the
fund shall be credited to the fund.)) At the request of the higher
education coordinating board under RCW 28B.10.870, the treasurer shall release
the state matching funds to the designated institution's local endowment fund.
No appropriation is required for expenditures from the fund.
Sec.
100. RCW
41.05.120 and 1988 c 107 s 10 are each amended to read as follows:
(1)
The state employees' insurance account is hereby established in the custody of
the state treasurer, to be used by the administrator for the deposit of
contributions, reserves, dividends, and refunds, and for payment of premiums
for employee insurance benefit contracts. Moneys from the account shall be
disbursed by the state treasurer by warrants on vouchers duly authorized by the
administrator. ((Notwithstanding RCW 43.84.090, all earnings of investments
of balances in the account shall be credited to the account.))
(2)
The state treasurer and the state investment board may invest moneys in the
state employees' insurance account. All such investments shall be in
accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The
administrator shall determine whether the state treasurer or the state
investment board or both shall invest moneys in the state employees' insurance
account.
Sec.
101. RCW
41.04.260 and 1987 c 475 s 11 and 1987 c 121 s 1 are each reenacted and amended
to read as follows:
(1)
There is hereby created a committee for deferred compensation to be composed of
five members appointed by the governor, one of whom shall be a representative
of an employee association or union certified as an exclusive representative of
at least one bargaining unit of classified employees, one who shall be a
representative of either a credit union, savings and loan association, mutual
savings bank or bank, one who possesses expertise in the area of insurance or
investment of public funds, one who shall be the state attorney general or his
designee, and one additional member selected by the governor. The committee
shall serve without compensation but shall receive travel expenses as provided for
in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(2)
The deferred compensation principal account is hereby created in the state
treasury. Any deficiency in the deferred compensation administrative account
caused by an excess of administrative expenses disbursed from that account over
earnings of investments of balances credited to that account shall be ((transferred))
eliminated by transferring moneys to that account from the deferred
compensation principal account.
The
amount of compensation deferred by employees under agreements entered into
under the authority contained in RCW 41.04.250 shall be paid into the deferred
compensation principal account and shall be sufficient to cover costs of
administration and staffing in addition to such other amounts as determined by
this committee. The deferred compensation principal account shall be used to
carry out the purposes of RCW 41.04.250. All eligible state employees shall be
given the opportunity to participate in agreements entered into by the
committee under RCW 41.04.250. State agencies shall cooperate with the
committee in providing employees with the opportunity to participate. Any
county, municipality, or other subdivision of the state may elect to
participate in any agreements entered into by the committee under RCW
41.04.250, including the making of payments therefrom to the employees
participating in a deferred compensation plan upon their separation from state
or other qualifying service. Accordingly, the deferred compensation principal
account shall be considered to be a public pension or retirement fund within
the meaning of Article XXIX, section 1 of the state Constitution, for the
purpose of determining eligible investments and deposits of the moneys therein.
All moneys in the deferred compensation principal account, all property and
rights purchased therewith, and all income attributable thereto, shall remain
(until made available to the participating employee or other beneficiary)
solely the money, property, and rights of the state and participating counties,
municipalities and subdivisions (without being restricted to the provision of
benefits under the plan) subject only to the claims of the state's and
participating jurisdictions' general creditors. Participating jurisdictions
shall each retain property rights separately.
(3)
The state investment board, at the request of the deferred compensation
committee, is authorized to invest moneys in the deferred compensation
principal account in accordance with RCW 43.84.150. Except as provided in RCW
43.33A.160, one hundred percent of all earnings from these investments shall
accrue directly to the deferred compensation principal account. ((The
earnings on any surplus balances in the deferred compensation principal account
shall be credited to the deferred compensation principal account,
notwithstanding RCW 43.84.090.))
(4)
The deferred compensation administrative account is hereby created in the state
treasury. All expenses of the committee including staffing and administrative
expenses shall be paid out of the deferred compensation administrative account.
((Notwithstanding RCW 43.84.090, all earnings of investments of balances in
the deferred compensation administrative account shall be credited to this account.))
Any excess of earnings of investments of balances credited to this account over
administrative expenses disbursed from this account shall be ((expended))
transferred to the deferred compensation principal account. Any
deficiency in the deferred compensation administrative account caused by an
excess of administrative expenses disbursed from this account over earnings of
investments of balances credited to this account shall be transferred to this
account from the deferred compensation principal account.
(5) In
addition to the duties specified in this section and RCW 41.04.250, the
deferred compensation committee shall administer the salary reduction plan
established in RCW 41.04.600 through 41.04.645.
(6)
The deferred compensation committee shall keep or cause to be kept full and
adequate accounts and records of the assets, obligations, transactions, and
affairs of any deferred compensation plans created under RCW 41.04.250 through
41.04.260.
The
deferred compensation committee shall file an annual report of the financial
condition, transactions, and affairs of the deferred compensation plans under
the committee's jurisdiction. A copy of the annual report shall be filed with
the speaker of the house of representatives, the president of the senate, the
governor, and the state auditor.
(7)
Members of the deferred compensation committee shall be deemed to stand in a
fiduciary relationship to the employees participating in the deferred
compensation plans created under RCW 41.04.250 through 41.04.260 and shall
discharge the duties of their respective positions in good faith and with that
diligence, care, and skill which ordinary prudent persons would exercise under
similar circumstances in like positions.
(8)
The committee may adopt rules necessary to carry out the purposes of RCW
41.04.250 and 41.04.260.
Sec.
102. RCW
90.50A.020 and 1988 c 284 s 3 are each amended to read as follows:
(1)
The water pollution control revolving fund is hereby established in the custody
of the state treasurer. Moneys in this fund are not subject to 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.
(((3)
The state treasurer may invest and reinvest moneys in the water pollution
control revolving fund in the manner provided by law. All earnings from such
investment and reinvestment shall be credited to the water pollution control
revolving fund.))
Sec.
103. RCW
2.14.080 and 1989 c 139 s 3 are each amended to read as follows:
(1)
The administrator for the courts shall:
(a)
Deposit or invest the contributions under RCW 2.14.090 in a credit union,
savings and loan association, bank, or mutual savings bank;
(b)
Purchase life insurance, shares of an investment company, or fixed and/or
variable annuity contracts from any insurance company or investment company
licensed to contract business in this state; or
(c)
Invest in any of the class of investments described in RCW 43.84.150.
(2)
The state investment board or the committee for deferred compensation, at the
request of the administrator for the courts, may invest moneys in the principal
account. Moneys invested by the investment board shall be invested in
accordance with RCW 43.84.150. Moneys invested by the committee for deferred
compensation shall be invested in accordance with RCW 41.04.250. Except as
provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses
incurred by the committee for deferred compensation, one hundred percent of all
earnings from these investments, exclusive of investment income pursuant to
RCW 43.84.080, shall accrue directly to the principal account. ((The
earnings on any surplus balances in the principal account shall be credited to
the principal account, notwithstanding RCW 43.84.090.))
Sec.
104. RCW
46.68.210 and 1990 c 42 s 411 are each amended to read as follows:
(1)
The Puyallup tribal settlement account is hereby created in the motor vehicle
fund. All moneys designated by the "Agreement between the Puyallup Tribe
of Indians, local governments in Pierce county, the state of Washington, the
United States of America, and certain private property owners," dated
August 27, 1988, (the "agreement") for use by the department of
transportation on the Blair project as described in the agreement shall be
deposited into the account, including but not limited to federal appropriations
for the Blair project, and appropriations contained in section 34, chapter 6,
Laws of 1989 1st ex. sess. and section 709, chapter 19, Laws of 1989 1st ex.
sess.
(2)
All moneys deposited into the account shall be expended by the department of
transportation pursuant to appropriation solely for the Blair project as
described in the agreement.
(((3)
All earnings of investments of balances in the account shall be credited to the
account.))
Sec.
105. RCW
81.100.070 and 1990 c 43 s 18 are each amended to read as follows:
Funds
collected by the department of revenue or other entity under RCW 81.100.030, or
by the department of licensing under RCW 81.100.060, less the deduction for
collection expenses, shall be deposited in the high occupancy vehicle account
hereby created in the custody of the state treasurer. On the first day of the
months of January, April, July, and October of each year, the state treasurer
shall distribute the funds in the account to the counties on whose behalf the
funds were received. The state treasurer shall make the distribution under
this section without appropriation. ((All earnings of investments of
balances in this account shall be credited to this account except as provided
in RCW 43.84.090 and 43.84.092.))
Sec.
106. RCW
28B.20.468 and 1990 c 282 s 4 are each amended to read as follows:
The
Warren G. Magnuson institute trust fund is hereby established. The trust fund
shall be administered by the state treasurer. Funds appropriated by the
legislature for the trust fund shall be deposited into the trust fund. ((All
moneys deposited in the trust fund shall be invested by the state treasurer.
Notwithstanding RCW 43.84.090, all earnings of investments of balances of the
trust fund shall be credited to the fund.)) At the request of the board of
regents of the University of Washington, and when conditions set forth in RCW
28B.20.470 are met, the treasurer shall release state matching moneys in the
fund to the University of Washington's local endowment fund. No appropriation
is required for expenditures from the trust fund.
Sec.
107. RCW
28B.108.050 and 1990 c 287 s 6 are each amended to read as follows:
The
American Indian endowed scholarship trust fund is established. The trust fund
shall be administered by the state treasurer. Funds appropriated by the
legislature for the trust fund shall be deposited into the fund. ((All
moneys deposited in the fund shall be invested by the state treasurer.
Notwithstanding RCW 43.84.090, all earnings of investments of balances of the
trust fund shall be credited to the fund.)) At the request of the higher
education coordinating board, and when conditions set forth in RCW 28B.108.070
are met, the treasurer shall deposit state matching moneys in the trust fund
into the American Indian endowment fund. No appropriation is required for
expenditures from the trust fund.
Sec.
108. RCW
28B.50.837 and 1990 c 29 s 2 are each amended to read as follows:
(1)
The Washington community college exceptional faculty awards program is
established. The program shall be administered by the state board for community
college education. The community college faculty awards trust fund hereby
created shall be administered by the state treasurer.
(2)
Funds appropriated by the legislature for the community college exceptional
faculty awards program shall be deposited in the community college faculty
awards trust fund. ((All moneys deposited in the fund shall be invested by
the state treasurer. Notwithstanding RCW 43.84.090, all earnings of
investments of balances in the fund shall be credited to the fund.)) At
the request of the state board for community college education, the treasurer
shall release the state matching funds to the designated institution's local
endowment fund. No appropriation is necessary for the expenditure of moneys
from the fund.
Sec.
109. RCW
28B.50.837 and 1991 c 238 s 63 are each amended to read as follows:
(1)
The Washington community and technical college exceptional faculty awards
program is established. The program shall be administered by the college
board. The college faculty awards trust fund hereby created shall be
administered by the state treasurer.
(2)
Funds appropriated by the legislature for the community and technical college
exceptional faculty awards program shall be deposited in the college faculty
awards trust fund. ((All moneys deposited in the fund shall be invested by
the state treasurer. Notwithstanding RCW 43.84.090, all earnings of
investments of balances in the fund shall be credited to the fund.)) At
the request of the college board, the treasurer shall release the state
matching funds to the designated institution's local endowment fund. No
appropriation is necessary for the expenditure of moneys from the fund.
Sec.
110. RCW
28B.108.060 and 1990 c 287 s 7 are each amended to read as follows:
The
American Indian scholarship endowment fund is established. The endowment fund
shall be administered by the state treasurer. Moneys received from the higher
education coordinating board, private donations, state matching moneys, and
funds received from any other source may be deposited into the endowment fund.
((All moneys deposited in the endowment fund shall be invested by the state
treasurer. Notwithstanding RCW 43.84.090, all earnings of investments of
balances of the endowment fund shall be credited to the endowment fund.))
At the request of the higher education coordinating board, the treasurer shall
release earnings from the endowment fund to the board for scholarships. No
appropriation is required for expenditures from the endowment fund.
The
principal of the endowment fund shall not be invaded. The earnings on the fund
shall be used solely for the purposes set forth in RCW 28B.108.040.
Sec.
111. RCW
41.48.065 and 1983 1st ex.s. c 6 s 1 are each amended to read as follows:
There
is hereby established a separate fund in the custody of the state treasurer to
be known as the OASI revolving fund. The fund shall consist of all moneys
designated for deposit in the fund ((and the interest earnings therefrom)).
The OASI revolving fund shall be used exclusively for the purpose of this
section. Withdrawals from the fund shall be made for the payment of amounts the
state may be obligated to pay or forfeit by reason of any failure of any public
agency to pay assessments on contributions or interest assessments required
under the federal-state agreement under this chapter or federal regulations.
The
treasurer of the state shall be ex officio treasurer and custodian of the fund
and shall administer the fund in accordance with this chapter and the
directions of the governor and shall pay all amounts drawn upon it in
accordance with this section and with the regulations the governor may
prescribe under this section.
Sec.
112. RCW
41.48.060 and 1973 c 126 s 14 are each amended to read as follows:
(1) There
is hereby established a special ((fund)) account in the state
treasury to be known as the OASI contribution ((fund. All interest earnings
presently in and all interest earnings accruing to this fund in accordance with
RCW 39.58.120 shall be deposited in the state's general fund)) account.
Such ((fund)) account shall consist of and there shall be
deposited in such ((fund)) account: (a) All contributions and
penalties collected under RCW 41.48.040 and 41.48.050; (b) all moneys
appropriated thereto under this chapter; (c) any property or securities
belonging to the ((fund)) account; and (d) all sums recovered
upon the bond of the custodian or otherwise for losses sustained by the ((fund))
account and all other moneys received for the ((fund)) account
from any other source. All moneys in the ((fund)) account shall
be mingled and undivided. Subject to the provisions of this chapter, the
governor is vested with full power, authority and jurisdiction over the ((fund))
account, including all moneys and property or securities belonging
thereto, and may perform any and all acts whether or not specifically
designated, which are necessary to the administration thereof and are
consistent with the provisions of this chapter.
(2)
The OASI contribution ((fund)) account shall be established and
held separate and apart from any other funds of the state and shall be used and
administered exclusively for the purpose of this chapter. Withdrawals from
such ((fund)) account shall be made for, and solely for (a)
payment of amounts required to be paid to the secretary of the treasury
pursuant to an agreement entered into under RCW 41.48.030; (b) payment of
refunds provided for in RCW 41.48.040(3); and (c) refunds of overpayments, not
otherwise adjustable, made by a political subdivision or instrumentality.
(3)
From the OASI contribution ((fund)) account the custodian of the
fund shall pay to the secretary of the treasury such amounts and at such time
or times as may be directed by the governor in accordance with any agreement
entered into under RCW 41.48.030 and the social security act.
(4)
The treasurer of the state shall be ex officio treasurer and custodian of the
OASI contribution ((fund)) account and shall administer such ((fund))
account in accordance with the provisions of this chapter and the
directions of the governor and shall pay all warrants drawn upon it in
accordance with the provisions of this section and with the regulations as the
governor may prescribe pursuant thereto.
Sec.
113. RCW
28A.520.020 and 1990 c 33 s 430 are each amended to read as follows:
(1)
There shall be a fund known as the federal forest revolving ((fund)) account.
The state treasurer, who shall be custodian of the revolving ((fund)) account,
shall deposit into the revolving ((fund)) account the funds for
each county received by the state in accordance with Title 16, section 500,
United States Code. The state treasurer shall distribute these moneys to the
counties according to the determined proportional area. The county legislative
authority shall expend fifty percent of the money for the benefit of the public
roads and other public purposes as authorized by federal statute or public
schools of such county and not otherwise. Disbursements by the counties of the
remaining fifty percent of the money shall be as authorized by the
superintendent of public instruction, or the superintendent's designee, and
shall occur in the manner provided in subsection (2) of this section.
(2) No
later than thirty days following receipt of the funds from the federal
government, the superintendent of public instruction shall apportion moneys
distributed to counties for schools to public school districts in the
respective counties in proportion to the number of full time equivalent
students enrolled in each public school district to the number of full time
equivalent students enrolled in public schools in the county. In apportioning
these funds, the superintendent of public instruction shall utilize the October
enrollment count.
(3) If
the amount received by any public school district pursuant to subsection (2) of
this section is less than the basic education allocation to which the district
would otherwise be entitled, the superintendent of public instruction shall
apportion to the district, in the manner provided by RCW 28A.510.250, an amount
which shall be the difference between the amount received pursuant to
subsection (2) of this section and the basic education allocation to which the
district would otherwise be entitled.
(4)
All federal forest funds shall be expended in accordance with the requirements
of Title 16, section 500, United States Code, as now existing or hereafter
amended.
Sec.
114. RCW
2.10.080 and 1981 c 3 s 22 are each amended to read as follows:
(1)
The state treasurer shall be the custodian of all funds and securities of the
retirement system. Disbursements from this fund shall be made by the state
treasurer upon receipt of duly authorized vouchers.
(2)
The state treasurer is hereby authorized and directed to deposit any portion of
the funds of the retirement system not needed for immediate use in the same
manner and subject to all the provisions of law with respect to the deposit of
state funds by such treasurer((, and)). All ((interest)) investment
income earned by such portion of the retirement system's funds as may be
deposited by the state treasurer in pursuance of authority herewith given shall
be collected by him or her and placed to the credit of the retirement
fund, less the allocation to the state investment board expense account
pursuant to RCW 43.33A.160 and to the state treasurer's service fund pursuant
to RCW 43.08.190.
(3)
The state investment board established by RCW 43.33A.020 has full power to
invest or reinvest the funds of this system in those classes of investments
authorized by RCW 43.84.150.
(4)
For the purpose of providing amounts to be used to defray the cost of
administration, the judicial retirement board shall ascertain at the beginning
of each biennium and request from the legislature an appropriation sufficient
to cover estimated expenses for the said biennium.
Sec.
115. RCW
43.160.080 and 1987 c 422 s 6 are each amended to read as follows:
There
shall be a fund known as the public facilities construction loan revolving ((fund))
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 ((fund)) 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 ((fund)) account. Disbursements from the revolving ((fund))
account shall be on authorization of the board. In order to maintain an
effective expenditure and revenue control, the public facilities construction
loan revolving ((fund)) 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 ((fund.
Moneys
in this fund not needed to meet the current expenses and obligations of the
board shall be invested in the manner authorized for moneys in revolving
funds. Any interest earned shall be deposited in this fund and shall be used
for the purposes specified in this chapter. The state treasurer shall render
reports to the board advising of the status of any funds invested, the market
value of the assets as of the date the statement is rendered, and the income
received from the investments during the period covered by the report)) account.
Sec.
116. RCW
74.18.230 and 1985 c 97 s 2 and 1985 c 57 s 72 are each reenacted and amended
to read as follows:
(1)
There is established in the state treasury an account known as the business
enterprises revolving account.
(2)
The net proceeds from any vending machine operation in a public building, other
than an operation managed by a licensee, shall be made payable to the business
enterprises revolving fund. Net proceeds, for purposes of this section, means
the gross amount received less the costs of the operation, including a fair
minimum return to the vending machine owner, which return shall not exceed a
reasonable amount to be determined by the department.
(3)
All moneys in the business enterprises revolving fund shall be expended only
for development and expansion of locations, equipment, management services, and
payments to licensees in the business enterprises program.
(4)
The business enterprises program shall be supported by the business enterprises
revolving fund and by income which may accrue to the department pursuant to the
federal Randolph-Sheppard Act.
(5)
Vocational rehabilitation funds may be spent in connection with the business
enterprises program for training persons to become licensees and for other
services that are required to complete an individual written rehabilitation
program.
(((6)
All earnings of investments of balances in the business enterprises revolving
account shall be credited to the business enterprises revolving account.))
Sec.
117. RCW
28B.20.253 and 1975-'76 2nd ex.s. c 12 s 2 are each amended to read as follows:
(1) A
self-insurance revolving fund in the custody of the treasurer is hereby created
to be used solely and exclusively by the board of regents of the University of
Washington for the following purposes:
(a)
The payment of judgments against the university, its schools, colleges,
departments, and hospitals and against its regents, officers, employees,
agents, and students for whom the defense of an action, claim, or proceeding
has been provided pursuant to RCW 28B.20.250.
(b)
The payment of claims against the university, its schools, colleges,
departments, and hospitals and against its regents, officers, employees,
agents, and students for whom the defense of an action, claim, or proceeding
has been provided pursuant to RCW 28B.20.250: PROVIDED, That payment of claims
in excess of twenty-five hundred dollars must be approved by the state attorney
general.
(c)
For the cost of investigation, administration, and defense of actions, claims,
or proceedings, and other purposes essential to its liability program.
(2)
Said self-insurance revolving fund shall consist of periodic payments by the
University of Washington from any source available to it in such amounts as are
deemed reasonably necessary to maintain the fund at levels adequate to provide
for the anticipated cost of payments of incurred claims and other costs to be
charged against the fund.
(3) No
money shall be paid from the self-insurance revolving fund unless first
approved by the board of regents, and unless all proceeds available to the
claimant from any valid and collectible liability insurance shall have been
exhausted.
(4)
The state investment board shall invest moneys in the self-insurance revolving
fund. Moneys invested by the investment board shall be invested in accordance
with RCW 43.84.150.
Sec.
118. RCW
79.71.090 and 1991 c 352 s 8 are each amended to read as follows:
There
is hereby created the natural resources conservation areas stewardship account
in the state treasury to ensure proper and continuing management of land
acquired or designated pursuant to this chapter. Funds for the stewardship
account shall be derived from appropriations of state general funds, federal
funds, grants, donations, gifts, bond issue receipts, securities, and other
monetary instruments of value. Income derived from the management of natural
resources conservation areas shall also be deposited in this stewardship
account. ((The state treasurer may not deduct a fee for managing the funds
in the stewardship account.))
Appropriations
from this account to the department shall be expended for no other purpose than
the following: (1) To manage the areas approved by the legislature in
fulfilling the purposes of this chapter; (2) to manage property acquired as
natural area preserves under chapter 79.70 RCW; (3) to manage property
transferred under the authority and appropriation provided by the legislature
to be managed under chapter 79.70 RCW or this chapter or acquired under chapter
43.98A RCW; and (4) to pay for operating expenses for the natural heritage
program under chapter 79.70 RCW.
Sec.
119. RCW
81.100.070 and 1990 c 43 s 18 are each amended to read as follows:
Funds
collected by the department of revenue or other entity under RCW 81.100.030, or
by the department of licensing under RCW 81.100.060, less the deduction for
collection expenses, shall be deposited in the high occupancy vehicle account
hereby created in the custody of the state treasurer. On the first day of the
months of January, April, July, and October of each year, the state treasurer
shall distribute the funds in the account to the counties on whose behalf the
funds were received. The state treasurer shall make the distribution under
this section without appropriation. ((All earnings of investments of
balances in this account shall be credited to this account except as provided
in RCW 43.84.090 and 43.84.092.))
Sec.
120. RCW
47.76.160 and 1991 c 363 s 127 are each amended to read as follows:
(1)
The essential rail banking 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 the purposes specified in this section.
(2)
Moneys in the account may be used by the department to:
(a)
Purchase unused rail rights of way; or
(b)
Provide up to eighty percent of the funding through loans to first class
cities, port districts, counties, and county rail districts to purchase unused
rail rights of way.
(3)
Use of the moneys pursuant to subsection (2) of this section shall be for
rights of way that meet the following criteria:
(a)
The right of way has been identified, evaluated, and analyzed in the state rail
plan prepared pursuant to this chapter;
(b)
The right of way may be or has been abandoned;
(c)
The right of way has potential for future rail service; and
(d)
Reestablishment of rail service would benefit the state of Washington; and this
benefit shall be based on the public and private costs and benefits of
reestablishing the service compared with alternative service including
necessary road improvement costs, or of taking no action.
Funds
in the account may be expended for this purpose only with legislative
appropriation. Funds for acquisition of any line shall be expended only after
obtaining the approval of the legislative transportation committee. The
department may also expend funds from the receipt of a donation of funds
sufficient to cover the property acquisition and management costs. The
department may receive donations of funds for this purpose, which shall be
conditioned upon, and made in consideration for the repurchase rights contained
in RCW 47.76.040. The department or the participating local jurisdiction shall
be responsible for maintaining the right of way, including provisions for fire
and weed control and for liability associated with ownership. Nothing in this
section and in RCW 47.76.140 and 47.76.030 shall be interpreted or applied so
as to impair the reversionary rights of abutting landowners, if any, without
just compensation.
(((4)
All earnings of investments of balances in the essential rail banking account
shall be credited to that account except as provided in RCW 43.84.090 and
43.84.092.))
Sec.
121. RCW
47.78.010 and 1990 c 43 s 47 are each amended to read as follows:
There
is hereby established in the state treasury the high capacity transportation
account. Money in the account shall be used, after appropriation, for local
high capacity transportation purposes including rail freight. ((All
earnings of investments of any balances in the high capacity transportation
account shall be credited to the account except as provided in RCW 43.84.090
and 43.84.092.))
NEW
SECTION. Sec. 122. The
following acts or parts of acts are each repealed:
(1) RCW
43.84.090 and 1990 2nd ex.s. c 1 s 203, 1990 c 106 s 5, 1985 c 233 s 5, 1981 c
242 s 2, 1975-'76 2nd ex.s. c 123 s 1, 1969 c 50 s 1, 1967 c 66 s 1, 1965 ex.s.
c 82 s 1, & 1965 c 8 s 43.84.090;
(2) RCW
43.185.040 and 1986 c 298 s 5;
(3) RCW
46.09.290 and 1986 c 206 s 14;
(4) RCW 70.48.120
and 1987 c 462 s 8, 1986 c 118 s 8, 1981 c 276 s 1, & 1977 ex.s. c 316 s
12;
(5) RCW
43.31.958 and 1985 c 57 s 31 & 1979 ex.s. c 260 s 2;
(6) RCW
43.99C.040 and 1985 c 57 s 55 & 1979 ex.s. c 221 s 7;
(7) RCW
27.60.060 and 1985 c 291 s 3, 1985 c 57 s 8, & 1984 c 120 s 2;
(8) RCW
28B.31.040 and 1985 c 57 s 14 & 1977 ex.s. c 344 s 4;
(9) RCW
75.48.030 and 1985 c 57 s 73, 1983 1st ex.s. c 46 s 163, & 1977 ex.s. c 308
s 3;
(10) RCW
28B.56.030 and 1985 c 57 s 17 & 1972 ex.s. c 133 s 3;
(11) RCW
43.83I.166 and 1985 c 57 s 50 & 1979 ex.s. c 224 s 4;
(12) RCW
36.22.180 and 1989 c 204 s 4;
(13) RCW
43.79.415 and 1974 ex.s. c 53 s 1 & 1973 1st ex.s. c 129 s 1; and
(14)
RCW 79.64.055 and 1967 ex.s. c 63 s 3.The text
of the following section has been vetoed by the Governor. It is noted in bold
italic.
*
Sec.
123. RCW
82.14.050 and 1991 1st ex.s. c ... s 34 (section 34 of this act) are each
amended to read as follows:
The
counties, cities, and transportation authorities under RCW 82.14.045 and public
facilities of districts under chapter 36.100 RCW shall contract, prior to the
effective date of a resolution or ordinance imposing a sales and use tax, the
administration and collection to the state department of revenue, which shall
deduct a percentage amount, as provided by contract, not to exceed two percent
of the taxes collected for administration and collection expenses incurred by
the department. The remainder of any portion of any tax authorized by this
chapter which is collected by the department of revenue shall be deposited by
the state department of revenue in the local sales and use tax account hereby
created in the state treasury. Moneys in the local sales and use tax account
may be spent only for distribution to counties, cities, transportation
authorities, and public facilities districts imposing a sales and use tax. All
administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as
they now exist or may hereafter be amended, shall, insofar as they are
applicable to state sales and use taxes, be applicable to taxes imposed
pursuant to this chapter. ((Except as provided in RCW 43.08.190,)) All
earnings of investments of balances in the local sales and use tax account
shall be credited to the local sales and use tax account and distributed to the
counties, cities, transportation authorities, and public facilities districts
monthly.
*Sec. 123
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
124. RCW
28B.30.730 and 1991 1st ex.s. c ... s 50 (section 50 of this act) are each
amended to read as follows:
For
the purpose of financing the cost of any projects, the board is hereby
authorized to adopt the resolution or resolutions and prepare all other
documents necessary for the issuance, sale and delivery of the bonds or any
part thereof at such time or times as it shall deem necessary and advisable.
Said bonds:
(1)
Shall not constitute
(a)
An obligation, either general or special, of the state; or
(b)
A general obligation of Washington State University or of the board;
(2)
Shall be
(a)
Either registered or in coupon form; and
(b)
Issued in denominations of not less than one hundred dollars; and
(c)
Fully negotiable instruments under the laws of this state; and
(d)
Signed on behalf of the university by the president of the board, attested by
the secretary or the treasurer of the board, have the seal of the university
impressed thereon or a facsimile of such seal printed or lithographed in the
bottom border thereof, and the coupons attached thereto shall be signed with
the facsimile signatures of such president and secretary;
(3)
Shall state
(a)
The date of issue; and
(b)
The series of the issue and be consecutively numbered within the series; and
(c)
That the bond is payable both principal and interest solely out of the bond
retirement fund;
(4)
Each series of bonds shall bear interest, payable either annually or
semiannually, as the board may determine;
(5)
Shall be payable both principal and interest out of the bond retirement fund;
(6)
Shall be payable at such times over a period of not to exceed forty years from
date of issuance, at such place or places, and with such reserved rights of
prior redemption, as the board may prescribe;
(7)
Shall be sold in such manner and at such price as the board may prescribe;
(8)
Shall be issued under and subject to such terms, conditions and covenants
providing for the payment of the principal thereof and interest thereon and
such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as
found to be necessary by the board for the most advantageous sale thereof,
which may include but not be limited to:
(a)
A covenant that the building fees shall be established, maintained and
collected in such amounts that will provide money sufficient to pay the
principal of and interest on all bonds payable out of the bond retirement
account, to set aside and maintain the reserves required to secure the payment
of such principal and interest, and to maintain any coverage which may be
required over such principal and interest;
(b)
A covenant that a reserve account shall be created in the bond retirement fund
to secure the payment of the principal of and interest on all bonds issued and
a provision made that certain amounts be set aside and maintained therein;
(c)
A covenant that sufficient moneys may be transferred from the Washington State
University building account to the bond retirement account when ordered by the
board of regents in the event there is ever an insufficient amount of money in
the bond retirement account to pay any installment of interest or principal and
interest coming due on the bonds or any of them;
(d)
A covenant fixing conditions under which bonds on a parity with any bonds outstanding
may be issued.
The
proceeds of the sale of all bonds shall be deposited in the state treasury to
the credit of the Washington State University building account and shall be
used solely for paying the costs of the projects. The Washington State University
building account shall be credited with the investment income derived pursuant
to RCW 43.84.080 on the investible balances of scientific permanent fund and
agricultural permanent fund((, less the allocation to the state treasurers'
service account pursuant to RCW 43.08.190)).
*Sec. 124
was vetoed, see message at end of chapter.
The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
125. RCW
43.84.092 and 1991 1st ex.s. c ... s 57 (section 57 of this act) 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)) various accounts and funds ((shall receive))
in the state treasury with eighty percent of 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 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
public service revolving fund, 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 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)) and
shall credit the general fund with the remaining twenty percent except:
(a)
The following funds and accounts shall receive one hundred percent of their
proportionate share of earnings based upon each account's and fund's average
daily balance for the period: The aquatic land dredged material disposal site
account; the basic health plan trust account; the business enterprises
revolving account; the coastal protection fund; the deferred compensation
administrative account; the deferred compensation principal account; the grain
indemnity fund; the institutions of higher education refunding bond retirement
fund of 1977; the judicial retirement administrative account; the landowner
contingency forest fire suppression account; the liability account; the low‑income
weatherization assistance account; the OASI revolving fund; the principal
account; the public facilities construction loan revolving account; the
Puyallup tribal settlement account; the risk management account; the state and
local improvements revolving account; Waste Disposal Facilities, 1980; the
state employees' insurance account; the state investment board expense account;
the tuition recovery fund; and the University of Washington bond retirement
fund.
(b)
The general fund shall receive one hundred percent of the proportionate share
of earnings of the following accounts and funds based upon each account's and
fund's average daily balance for the period: The aeronautics account; the
agency payroll revolving fund; the aircraft search and rescue, safety, and
education account; the architects' license account; the archives and record
management account; the budget stabilization account; the certified public
accountants' account; the charitable, educational, penal and reformatory
institutions account; the 1975 community college capital construction account;
the community college capital projects account; the county sales and use tax
equalization account; the death investigations' account; the flood control
assistance account; the geothermal account; the health professions account; the
hospital commission; the hospital data collection account; the industrial
insurance premium refund account; the institutional impact account; the litter
control account; the marine fuel tax refund account; the medical disciplinary
account; the motor transport account; the municipal sales and use tax
equalization account; the outdoor recreation account; the parkland acquisition
account; the professional engineers' account; the public safety and education
account; the snowmobile account; the special fund salary and insurance
contribution increase revolving fund; the special fund semimonthly payroll
revolving fund; the special grass seed burning research account; the surveys
and maps account; the state building construction account; the state capitol
historical association museum account; the state capitol vehicle parking
account; the state educational grant account; the state higher education
construction account; the state school equalization fund; the timber tax
distribution account; the trust land purchase account; and the winter recreational
program account.
(c)
The state treasurer's service fund shall receive eighty percent of the
proportionate share of earnings of the following funds and accounts based upon
each account's and fund's average daily balance for the period and the general
fund shall receive the remaining twenty percent: The federal forest revolving
fund; the liquor excise tax fund; the treasury income account; the suspense
account; the undistributed receipts account; the state payroll revolving
account; the agency vendor payment revolving fund; and the local leasehold excise
tax 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.
*Sec. 125
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
126. RCW
28A.515.320 and 1991 1st ex.s. c ... s 58 (section 58 of this act) are each
amended to read as follows:
The
common school construction fund is to be used exclusively for the purpose of
financing the construction of facilities for the common schools. The sources
of said fund shall be: (1) Those proceeds derived from sale or appropriation
of timber and other crops from school and state land other than those granted
for specific purposes; (2) the interest accruing on the permanent common school
fund ((less the allocations to the state treasurer's service account
pursuant to RCW 43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160)) together with all rentals and other revenue
derived therefrom and from land and other property devoted to the permanent
common school fund; (3) all moneys received by the state from the United States
under the provisions of section 191, Title 30, United State Code, Annotated,
and under section 810, chapter 12, Title 16, (Conservation), United States
Code, Annotated, except moneys received before June 30, 2001, and when thirty
megawatts of geothermal power is certified as commercially available by the
receiving utilities and the state energy office, eighty percent of such moneys,
under the Geothermal Steam Act of 1970 pursuant to RCW 43.140.030; and (4) such
other sources as the legislature may direct. That portion of the common school
construction fund derived from interest on the permanent common school fund may
be used to retire such bonds as may be authorized by law for the purpose of
financing the construction of facilities for the common schools.
The
interest accruing on the permanent common school fund ((less the allocation
to the state treasurer's service account pursuant to RCW 43.08.190 and the
state investment board expense account pursuant to RCW 43.33A.160))
together with all rentals and other revenues accruing thereto pursuant to
subsection (2) of this section prior to July 1, 1967, shall be exclusively
applied to the current use of the common schools.
To
the extent that the moneys in the common school construction fund are in excess
of the amount necessary to allow fulfillment of the purpose of said fund, the
excess shall be available for deposit to the credit of the permanent common
school fund or available for the current use of the common schools, as the
legislature may direct. Any money from the common school construction fund
which is made available for the current use of the common schools shall be
restored to the fund by appropriation, including interest income foregone,
before the end of the next fiscal biennium following such use.
*Sec. 126
was vetoed, see message at end of chapter.
The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
127. RCW
43.200.080 and 1991 1st ex.s. c ... s 60 (section 60 of this act) are each
amended to read as follows:
The
director of ecology shall, in addition to the powers and duties otherwise
imposed by law, have the following special powers and duties:
(1)
To fulfill the responsibilities of the state under the lease between the state
of Washington and the federal government executed September 10, 1964, covering
one thousand acres of land lying within the Hanford reservation near Richland,
Washington. The department of ecology may sublease to private or public
entities all or a portion of the land for specific purposes or activities which
are determined, after public hearing, to be in agreement with the terms of the lease
and in the best interests of the citizens of the state consistent with any
criteria that may be developed as a requirement by the legislature;
(2)
To assume the responsibilities of the state under the perpetual care agreement
between the state of Washington and the federal government executed July 29,
1965 and the sublease between the state of Washington and the site operator of
the Hanford low-level radioactive waste disposal facility. In order to finance
perpetual surveillance and maintenance under the agreement and ensure site
closure under the sublease, the department of ecology shall impose and collect
fees from parties holding radioactive materials for waste management purposes.
The fees shall be established by rule adopted under chapter 34.05 RCW and shall
be an amount determined by the department of ecology to be necessary to defray
the estimated liability of the state. Such fees shall reflect equity between
the disposal facilities of this and other states. A site closure account and a
perpetual surveillance and maintenance account is hereby created in the state
treasury. The site closure account shall be exclusively available to
reimburse, to the extent that moneys are available in the account, the site
operator for its costs plus a reasonable profit as agreed by the operator and
the state, or to reimburse the state licensing agency and any agencies under
contract to the state licensing agency for their costs in final closure and
decommissioning of the Hanford low-level radioactive waste disposal facility.
If a balance remains in the account after satisfactory performance of closure
and decommissioning, this balance shall be transferred to the perpetual
surveillance and maintenance account. The perpetual surveillance and
maintenance account shall be used exclusively by the state to meet post-closure
surveillance and maintenance costs, or for otherwise satisfying surveillance
and maintenance obligations. Appropriations are required to permit
expenditures and payment of obligations from the site closure account and the
perpetual surveillance and maintenance account. All moneys, including earnings
from the investment of balances in the site closure and the perpetual
surveillance and maintenance account((, less the allocation to the state
treasurer's service account, pursuant to RCW 43.08.190 accruing under the
authority of this section)) shall be directed to the site closure account
until December 31, 1992. Thereafter receipts including earnings from the
investment of balances in the site closure and the perpetual surveillance and
maintenance account((, less the allocation to the state treasurer's service
account, pursuant to RCW 43.08.190)) shall be directed to the site closure
account and the perpetual surveillance and maintenance account as specified by
the department. Additional moneys specifically appropriated by the legislature
or received from any public or private source may be placed in the site closure
account and the perpetual surveillance and maintenance account;
(3)
To assure maintenance of such insurance coverage by state licensees, lessees,
or sublessees as will adequately, in the opinion of the director, protect the
citizens of the state against nuclear accidents or incidents that may occur on
privately or state-controlled nuclear facilities;
(4)
To institute a user permit system and issue site use permits, consistent with
regulatory practices, for generators, packagers, or brokers using the Hanford
low-level radioactive waste disposal facility. The costs of administering the
user permit system shall be borne by the applicants for site use permits. The
site use permit fee shall be set at a level that is sufficient to fund completely
the executive and legislative participation in activities related to the
Northwest Interstate Compact on Low-Level Radioactive Waste Management; (5)
To make application for or otherwise pursue any federal funds to which the
state may be eligible, through the federal resource conservation and recovery
act or any other federal programs, for the management, treatment or disposal,
and any remedial actions, of wastes that are both radioactive and hazardous at
all Hanford low-level radioactive waste disposal facilities; and
(6)
To develop contingency plans for duties and options for the department and
other state agencies related to the Hanford low-level radioactive waste
disposal facility based on various projections of annual levels of waste
disposal. These plans shall include an analysis of expected revenue to the
state in various taxes and funds related to low-level radioactive waste
disposal and the resulting implications that any increase or decrease in
revenue may have on state agency duties or responsibilities. The plans shall
be updated annually. The department shall report annually on the plans and on
the balances in the site closure and perpetual surveillance accounts to the
energy and utilities committees of the senate and the house of representatives.
*Sec. 127
was vetoed, see message at end of chapter.
The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
128. RCW
28B.30.741 and 1991 1st ex.s. c ... s 76 (section 76 of this act) are each
amended to read as follows:
All
moneys received from the lease or rental of lands set apart by the enabling act
for a scientific school; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone, gravel or other
valuable material thereon((, except for investment income derived pursuant
to RCW 43.84.080 and, less the allocation to the state investment board expense
account pursuant to RCW 43.33A.160)); and all moneys received as interest
on deferred payments on contracts for the sale of such lands shall be deposited
in the "Washington State University bond retirement fund" to be
expended for the purposes set forth in RCW 28B.30.740.
*Sec. 128
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
129. RCW
28B.30.742 and 1991 1st ex.s. c ... s 77 (section 77 of this act) are each
amended to read as follows:
Whenever
federal law shall permit all moneys received from the lease or rental of lands
set apart by the enabling act for an agricultural college, all interest or
income arising from the proceeds of the sale of such lands or of the timber,
fallen timber, stone, gravel or other valuable material thereon((, except
for investment income derived pursuant to RCW 43.84.080 and, less the
allocation to the state investment board expense account pursuant to RCW
43.33A.160)); and all moneys received as interest on deferred payments on
contracts for the sale of such lands shall be deposited in the Washington State
University bond retirement fund to be expended for the purposes set forth in
RCW 28B.30.740.
*Sec. 129
was vetoed, see message at end of chapter.
The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
130. RCW
43.79A.040 and 1991 1st ex.s. c ... s 82 (section 82 of this act) are each
amended to read as follows:
(1)
Money in the treasurer's trust fund may be deposited, invested and reinvested
by the state treasurer in accordance with RCW 43.84.080 in the same manner and
to the same extent as if the money were in the state treasury.
(2)
All income received from investment of the treasurer's trust fund shall be set
aside in an account in the treasury trust fund to be known as the investment
income account. Monthly, the state treasurer shall distribute the earnings
credited to the investment income account ((to the state general fund
except:
(a)
The following)). The state treasurer shall
credit the various accounts and funds ((shall receive)) with
eighty percent of their proportionate share of earnings based upon each
account's or fund's average daily balance for the period((: The American
Indian scholarship endowment fund, the energy account, the game farm
alternative account, and the self-insurance revolving fund. However, the
earnings to be distributed shall first be reduced by the allocation to the
state treasurer's service account 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 advanced right of way revolving fund, the
federal narcotics asset forfeitures account, the ferry system account, the
ferry system insurance claim reserve account, the ferry system operation and
maintenance account, the ferry system revenue account, the ferry system revenue
bond account, the ferry system revolving account, the high occupancy vehicle
account, and the local rail service assistance account)) and
shall credit the general fund with the remaining twenty percent, except that
the following accounts and funds shall receive one hundred percent of their
proportionate share of earnings based upon each account's and fund's average
daily balance for the period: The American Indian endowed scholarship trust
fund; the American Indian scholarship endowment fund; the mobile home park
relocation fund; the pollution liability insurance program trust account; the
unemployment compensation fund; the Warren G. Magnuson institute trust fund;
the Washington community college faculty awards trust fund; the Washington
distinguished professorship trust fund; the Washington graduate fellowship
trust fund; and the water pollution control revolving fund.
(3)
In conformance with Article II, section 37 of the state Constitution, no trust
accounts or funds shall be allocated earnings without the specific affirmative
directive of this section.
*Sec. 130
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
131. RCW
43.08.190 and 1991 1st ex.s. c ... s 83 (section 83 of this act) are each
amended to read as follows:
There
is hereby created a fund within the state treasury to be known as the
"state treasurer's service fund". Such fund shall be used solely for
the payment of costs and expenses incurred in the operation and administration
of the state treasurer's office.
((Moneys
shall be allocated monthly and placed in the state treasurer's service fund
equivalent to a maximum of one percent of the trust and treasury average daily
cash balances from the earnings generated under the authority of RCW 43.79A.040
and 43.84.080 other than earnings generated from investment of balances in
funds and accounts specified in RCW 43.79.040(2)(b) or 43.84.092(2)(b). The
allocation shall precede the distribution of the remaining earnings as
prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall
establish a uniform allocation rate based on the appropriations for the
treasurer's office.))
*Sec. 131
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
132. RCW
43.84.051 and 1991 1st ex.s. c ... s 93 (section 93 of this act) are each
amended to read as follows:
It
shall be the duty of the state treasurer to collect the interest, or other
income on, and the principal of the securities held in his or her custody
pursuant to RCW 43.84.041 as the said sums become due and payable, and to pay
the same when so collected into the respective funds to which the principal and
interest shall accrue((, less the allocation to the state treasurer's
service account pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160)).
*Sec. 132
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
133. RCW
43.79.130 and 1991 1st ex.s. c ... s 94 (section 94 of this act) are each
amended to read as follows:
There
shall be in the state treasury a permanent and irreducible fund known as the
"agricultural permanent fund," into which shall be paid all moneys
derived from the sale of lands set apart by the enabling act or otherwise for
an agricultural college. The income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account
((less the allocation to the state treasurer's service account pursuant to
RCW 43.08.190)).
*Sec. 133
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
134. RCW
28B.35.751 and 1991 1st ex.s. c ... s 95 (section 95 of this act) are each
amended to read as follows:
All
moneys received from the lease or rental of lands set apart by the enabling act
for state normal schools purposes; all interest or income arising from the
proceeds of the sale of such lands or of the timber, fallen timber, stone,
gravel, or other valuable material thereon((, less the allocation to the
state treasurer's service account pursuant to RCW 43.08.190 and the state
investment board expense account pursuant to RCW 43.33A.160)); and all
moneys received as interest on deferred payments on contracts for the sale of
such lands, shall from time to time be paid into the state treasury and
credited to the Eastern Washington University, Central Washington University,
Western Washington University and The Evergreen State College capital projects
accounts as herein provided to be expended for capital projects, and bond
retirement purposes as set forth in RCW 28B.35.750, as now or hereafter
amended. Eastern Washington University, Central Washington University, Western
Washington University, and The Evergreen State College shall be credited with
one-fourth of the total amount: PROVIDED, That Eastern Washington University,
Central Washington University and Western Washington University shall each be
credited with one-third of the total amount for so long as there remain unpaid
and outstanding any bonds which are payable in whole or in part out of the
moneys, interest or income described in this section.
*Sec. 134
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
135. RCW
43.79.110 and 1991 1st ex.s. c ... s 96 (section 96 of this act) are each
amended to read as follows:
There
shall be in the state treasury a permanent and irreducible fund known as the
"scientific permanent fund," into which shall be paid all moneys
derived from the sale of lands set apart by the enabling act or otherwise for a
scientific school. The income derived from investments pursuant to RCW
43.84.080 shall be credited to the Washington State University building account
((less the allocation to the state treasurer's service fund pursuant to RCW
43.08.190)).
*Sec. 135
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
136. RCW
28B.20.800 and 1991 1st ex.s. c ... s 97 (section 97 of this act) are each
amended to read as follows:
All
moneys hereafter received from the lease or rental of lands set apart for the
University of Washington by chapter 91, Laws of 1903 and section 9, chapter
122, Laws of 1893, and all interest or income arising from the proceeds of the
sale of such land((, less the allocation to the state treasurer's service
account pursuant to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160,)) and all proceeds from the sale of
timber, fallen timber, stone, gravel, or other valuable material and all other
receipts therefrom shall be deposited to the credit of the "University of
Washington bond retirement fund" to be expended for the purposes set forth
in RCW 28B.20.720. All proceeds of sale of such lands, exclusive of investment
income, shall be deposited to the credit of the state university permanent
fund, shall be retained therein and shall not be transferred to any other fund
or account. All interest earned or income received from the investment of the
money in the state university permanent fund shall be deposited to the credit
of the University of Washington bond retirement fund ((less the allocations
to the state treasurer's service fund pursuant to RCW 43.08.190 and the state
investment board expense account pursuant to RCW 43.33A.160)).
As
a part of the contract of sale of bonds payable out of the University of
Washington bond retirement fund, the board of regents of the University of
Washington may covenant that all moneys derived from the above provided
sources, which are required to be paid into the bond retirement fund, shall
continue to be paid into such bond retirement fund for as long as any of such
bonds are outstanding.
*Sec. 136
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
137. RCW
41.24.030 and 1991 1st ex.s. c ... s 98 (section 98 of this act) are each
amended to read as follows:
There
is created in the state treasury a trust fund for the benefit of the fire
fighters of the state covered by this chapter, which shall be designated the
volunteer fire fighters' relief and pension fund and shall consist of:
(1)
All bequests, fees, gifts, emoluments, or donations given or paid to the fund.
(2)
An annual fee for each member of its fire department to be paid by each
municipal corporation for the purpose of affording the members of its fire
department with protection from death or disability as herein provided as
follows:
(a)
Ten dollars for each volunteer or part-paid member of its fire department;
(b)
A sum equal to one and one-half of one percent of the annual salary attached to
the rank of each full-paid member of its fire department, prorated for 1970 on
the basis of services prior to March 1, 1970.
(3)
Where a municipal corporation has elected to make available to the members of
its fire department the retirement provisions as herein provided, an annual fee
of thirty dollars for each of its fire fighters electing to enroll therein, ten
dollars of which shall be paid by the municipality and twenty dollars of which
shall be paid by the fire fighter.
(4)
Forty percent of all moneys received by the state from taxes on fire insurance
premiums shall be paid into the state treasury and credited to the fund.
(5)
The state investment board, upon request of the state treasurer shall have full
power to invest or reinvest such portion of the amounts credited to the fund as
is not, in the judgment of the treasurer, required to meet current
withdrawals. Such investments shall be made in the manner prescribed by RCW
43.84.150 and not otherwise.
(6)
All bonds or other obligations purchased according to subsection (5) of this
section shall be forthwith placed in the custody of the state treasurer, and he
shall collect the principal thereof and interest thereon when due.
The
state investment board may sell any of the bonds or obligations so acquired and
the proceeds thereof shall be paid to the state treasurer.
The
interest and proceeds from the sale and redemption of any bonds or other
obligations held by the fund and invested by the state investment board shall
be credited to and form a part of the fund((, less the allocation to the
state investment board expense account pursuant to RCW 43.33A.160)).
All
amounts credited to the fund shall be available for making the payments
required by this chapter.
The
state treasurer shall make an annual report showing the condition of the fund.
*Sec. 137
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
138. RCW
2.14.080 and 1991 1st ex.s. c ... s 103 (section 103 of this act) are each
amended to read as follows:
(1)
The administrator for the courts shall:
(a)
Deposit or invest the contributions under RCW 2.14.090 in a credit union,
savings and loan association, bank, or mutual savings bank;
(b)
Purchase life insurance, shares of an investment company, or fixed and/or
variable annuity contracts from any insurance company or investment company
licensed to contract business in this state; or
(c)
Invest in any of the class of investments described in RCW 43.84.150.
(2)
The state investment board or the committee for deferred compensation, at the
request of the administrator for the courts, may invest moneys in the principal
account. Moneys invested by the investment board shall be invested in
accordance with RCW 43.84.150. Moneys invested by the committee for deferred
compensation shall be invested in accordance with RCW 41.04.250. Except as
provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses
incurred by the committee for deferred compensation, one hundred percent of all
earnings from these investments((, exclusive of investment income pursuant
to RCW 43.84.080,)) shall accrue directly to the principal account.
*Sec. 138
was vetoed, see message at end of chapter.The text of the following section has been vetoed by the Governor. It
is noted in bold italic.
*
Sec.
139. RCW
2.10.080 and 1991 1st ex.s. c ... s 114 (section 114 of this act) are each
amended to read as follows:
(1)
The state treasurer shall be the custodian of all funds and securities of the
retirement system. Disbursements from this fund shall be made by the state
treasurer upon receipt of duly authorized vouchers.
(2)
The state treasurer is hereby authorized and directed to deposit any portion of
the funds of the retirement system not needed for immediate use in the same
manner and subject to all the provisions of law with respect to the deposit of
state funds by such treasurer. All investment income earned by such portion of
the retirement system's funds as may be deposited by the state treasurer in
pursuance of authority herewith given shall be collected by him or her and
placed to the credit of the retirement fund((, less the allocation to the
state investment board expense account pursuant to RCW 43.33A.160 and to the state
treasurer's service fund pursuant to RCW 43.08.190)).
(3)
The state investment board established by RCW 43.33A.020 has full power to
invest or reinvest the funds of this system in those classes of investments
authorized by RCW 43.84.150.
(4)
For the purpose of providing amounts to be used to defray the cost of
administration, the judicial retirement board shall ascertain at the beginning
of each biennium and request from the legislature an appropriation sufficient
to cover estimated expenses for the said biennium.
*Sec. 139
was vetoed, see message at end of chapter.
NEW
SECTION. Sec. 140. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 141. 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.
(1) On
or before June 30, 1991, the balances remaining in the local jail improvement
and construction account, the 1979 handicapped facilities construction account,
the salmon enhancement construction account, the community college capital
improvements accounts, and the fisheries capital projects account shall be
transferred to the state building construction account and the balance
remaining in the Washington State University construction account shall be
transferred to the Washington State University building account.
(2)
Except for subsection (1) of this section, sections 1 through 47, 49 through
64, 66 through 108, and 110 through 122 of this act shall take effect July 1,
1991, but shall not be effective for earnings on balances prior to July 1,
1991, regardless of when a distribution is made.
(3)
Sections 48 and 109 of this act shall take effect September 1, 1991.
(4)
Section 65 of this act shall take effect January 1, 1992.
(5)
Sections 123 through 139 of this act shall take effect July 1, 1993, and shall
be effective for earnings on balances beginning July 1, 1993, regardless of when
a distribution is made.
NEW
SECTION. Sec. 142. (1)
Sections 47 and 108 of this act shall expire September 1, 1991.
(2)
Section 64 of this act shall expire January 1, 1992.
