1317-S.E2 AMS HAUG S3557.3
2ESHB 1317 - S AMD TO S AMD (S-3536.5/95) - 452
By Senators Haugen, McCaslin, Prince and Sellar
NOT ADOPTED 5/23/95
On page 12, after line 22 of the amendment, insert the following:
"NEW SECTION. Sec. 5. (1) Subject to legislative appropriation, the office of risk management in the department of general administration is authorized to process claims submitted for projects selected for participation in this program prior to September 1, 1994, and terminated by the department after March 31, 1995, or withdrawn by the private entity following the verification of signatures submitted pursuant to RCW 47.46.030.
(2) Claims submitted under this section shall be considered claims against the legislature in accordance with the provisions of RCW 4.92.040 and shall be limited to all reasonable costs and expenses incurred by the developer on and after January 4, 1994, and on or before the effective date of this act in connection with or relating to the state's public-private initiatives in transportation program established in chapter 47.46 RCW, including: (a) The application fee paid to the department of transportation; (b) out-of-pocket expenses, costs, and fees paid to consultants, attorneys, financial advisors, investment bankers, and others; (c) out-of-pocket expenses incurred by the developer for payment or reimbursement of travel, accommodation, and meal expenses of its personnel while away from their usual work assignments; (d) rent and office overhead of facilities specially leased to pursue opportunities of the program; (e) fully burdened salaries of personnel dedicated to the developer's activities relating to the program allocated on a pro rata basis for personnel dedicated less than full time; (f) parent-company allocated overhead actually charged to the developer by the developer's parent company, if any; (g) organizational expenses of the developer if the developer was formed exclusively for the purposes of pursuing opportunities of the program; and (h) interest on each of such amounts from the date incurred at the rate of twelve percent per annum.
(3) The following costs are not "developer costs": Political contributions as defined in the political reform act of 1974; political expenditures which, if made by an exempt charitable organization, would be subject to taxation under section 527(f) of the internal revenue code; noncash expenditures such as depreciation, amortization, write downs of goodwill, asset valuations resulting from business combinations that would not be allowable under Title 48 C.F.R., Part 31, contract cost principles and procedures, subpart 31.2 contracts with commercial organizations dated August 31, 1992 ("48 C.F.R.") 31.205-52, and deferred research and development costs that would not be allowable under 48 C.F.R. 31.205-48; executive compensation and gifts, gratuities and entertainment to the extent the same would not be deductible from developer's adjusted gross income, assuming developer were a stand-alone for-profit corporation, under the internal revenue code; costs of alcoholic beverages; costs of criminal proceedings if the result is a conviction; travel costs that would not be allowable under 48 C.F.R. 31.205-46(d); training costs that would not be allowable under 48 C.F.R. 31.205-44; trade, business, technical, and professional activity costs that would not be allowable under 48 C.F.R. 31.205-43; fines and penalties, including late penalties on taxes; losses on other contracts; independent research and development costs except to the extent that such costs were incurred in connection with the program; compensation incidental to business acquisitions as defined under 48 C.F.R. 31.205-6(I); unreasonable post-retirement benefits other than pensions as defined under 48 C.F.R. 31.205-6(o); employee rebate and purchase discount plan costs as defined under 48 C.F.R. 31.205-6(n); employee stock ownership plan costs to the extent disallowed under 48 C.F.R. 31.205-6(j)(8); unallowable public relations and advertising costs as defined under 48 C.F.R. 31.205-1(f)(3), and (f)(4)(i); unrealized losses; and excessive contributions or donations under 48 C.F.R. 31.205-8.
(4) All claims made to the legislature under the provisions of this section shall be disposed of in accordance with the provisions of RCW 4.92.040.
If the private entity accepts any payment for the claim which is approved by the department, such acceptance shall constitute a waiver and release of the state from any further claims relating to the damage or injury asserted in the claim so accepted. Prior to the payment of such claims the private entity shall transfer to the department all plans, studies, reports, surveys, and any other information and materials the private entity prepared or caused to be prepared in connection with the terminated project except that which is proprietary in nature.
(5) For the purposes of this section, the settlement of claims by the department shall be a proper expenditure of funds authorized pursuant to RCW 47.10.834 through 47.10.841."
Renumber the remaining section consecutively.
2ESHB 1317 - S AMD TO S AMD (S-3536.5/95) - 452
By Senators Haugen, McCaslin, Prince and Sellar
NOT ADOPTED 5/23/95
On page 12, line 32 of the title amendment, after "47.46.050;" insert "creating a new section;"
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