AN ACT
Relating to county financial functions; reenacting RCW 3.02.045, 35.49.130,
36.17.042, 36.29.010, 39.44.130, 39.46.020, 39.46.030, 39.46.110, 39.50.030,
43.80.125, and 46.44.175; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.02.045 and 1994 c 301 s 1 are each reenacted to read as follows:
(1)
Courts of limited jurisdiction may use collection agencies under chapter 19.16
RCW for purposes of collecting unpaid penalties on infractions, criminal fines,
costs, assessments, civil judgments, or forfeitures that have been imposed by
the courts. Courts of limited jurisdiction may enter into agreements with one
or more attorneys or collection agencies for collection of outstanding
penalties, fines, costs, assessments, and forfeitures. These agreements may
specify the scope of work, remuneration for services, and other charges deemed
appropriate.
(2)
Courts of limited jurisdiction may use credit cards or debit cards for purposes
of billing and collecting unpaid penalties, fines, costs, assessments, and
forfeitures so imposed. Courts of limited jurisdiction may enter into
agreements with one or more financial institutions for the purpose of the
collection of penalties, fines, costs, assessments, and forfeitures. The agreements
may specify conditions, remuneration for services, and other charges deemed
appropriate.
(3)
Servicing of delinquencies by collection agencies or by collecting attorneys in
which the court retains control of its delinquencies shall not constitute assignment
of debt.
(4)
For purposes of this section, the term debt shall include penalties, fines,
costs, assessments, or forfeitures imposed by the courts.
(5)
The court may assess as court costs the moneys paid for remuneration for
services or charges paid to collecting attorneys, to collection agencies, or,
in the case of credit cards, to financial institutions.
Sec.
2. RCW
35.49.130 and 1994 c 301 s 4 are each reenacted to read as follows:
If any
property situated in a local improvement district or utility local improvement
district created by a city or town is offered for sale for general taxes by the
county treasurer, the city or town shall have power to protect the lien or
liens of any local improvement assessments outstanding against the whole or
portion of such property by purchase at the treasurer's foreclosure sale.
Sec.
3. RCW
36.17.042 and 1994 c 301 s 5 are each reenacted to read as follows:
In
addition to the pay periods permitted under RCW 36.17.040, the legislative
authority of any county may establish a biweekly pay period where county
officers and employees receive their compensation not later than seven days
following the end of each two week pay period for services rendered during that
pay period.
However,
in a county that has assumed the rights, powers, functions, and obligations of
a metropolitan municipal corporation under chapter 36.56 RCW, the county
legislative authority may establish a biweekly pay period where the county
officers and employees receive their compensation not later than thirteen days
following the end of each two-week pay period for services rendered during that
pay period.
Sec.
4. RCW
36.29.010 and 1994 c 301 s 7 are each reenacted to read as follows:
The
county treasurer:
(1)
Shall receive all money due the county and disburse it on warrants issued and
attested by the county auditor;
(2)
Shall issue a receipt in duplicate for all money received other than taxes; the
treasurer shall deliver immediately to the person making the payment the
original receipt and the duplicate shall be retained by the treasurer;
(3)
Shall affix on the face of all paid warrants the date of redemption or, in the
case of proper contract between the treasurer and a qualified public
depositary, the treasurer may consider the date affixed by the financial
institution as the date of redemption;
(4)
Shall indorse, before the date of issue by the county or by any taxing district
for whom the county treasurer acts as treasurer, on the face of all warrants
for which there are not sufficient funds for payment, "interest bearing
warrant." When there are funds to redeem outstanding warrants, the county
treasurer shall give notice:
(a) By
publication in a legal newspaper published or circulated in the county; or
(b) By
posting at three public places in the county if there is no such newspaper; or
(c) By
notification to the financial institution holding the warrant;
(5)
Shall pay interest on all interest-bearing warrants from the date of issue to
the date of notification;
(6)
Shall maintain financial records reflecting receipts and disbursement by fund
in accordance with generally accepted accounting principles;
(7)
Shall account for and pay all bonded indebtedness for the county and all
special districts for which the county treasurer acts as treasurer;
(8)
Shall invest all funds of the county or any special district in the treasurer's
custody, not needed for immediate expenditure, in a manner consistent with
appropriate statutes. If cash is needed to redeem warrants issued from any
fund in the custody of the treasurer, the treasurer shall liquidate investments
in an amount sufficient to cover such warrant redemptions; and
(9)
May provide certain collection services for county departments.
The
treasurer, at the expiration of the term of office, shall make a complete
settlement with the county legislative authority, and shall deliver to the
successor all public money, books, and papers in the treasurer's possession.
Sec.
5. RCW
39.44.130 and 1994 c 301 s 9 are each reenacted to read as follows:
(1)
The duties prescribed in this chapter as to the registration of bonds of any
city or town shall be performed by the treasurer thereof, and as to those of
any county, port or school district by the county treasurer of the county in
which such port or school district lies; but any treasurer as defined in RCW
39.46.020 may designate its legally designated fiscal agency or agencies for
the performance of such duties, after making arrangements with such fiscal
agency therefor, which arrangements may include provision for the payment by
the bond owner of a fee for each registration.
(2)
The county treasurer as ex officio treasurer of a special district shall act as
fiscal agent or may appoint the fiscal agent to be used by the county.
Sec.
6. RCW
39.46.020 and 1994 c 301 s 10 are each reenacted to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Bond" means any agreement which may or may not be represented by a
physical instrument, including notes, warrants, or certificates of indebtedness,
that evidences an indebtedness of the state or a local government or a fund
thereof, where the state or local government agrees to pay a specified amount
of money, with or without interest, at a designated time or times to either
registered owners or bearers.
(2)
"Local government" means any county, city, town, special purpose
district, political subdivision, municipal corporation, or quasi municipal
corporation, including any public corporation created by such an entity.
(3)
"Obligation" means an agreement that evidences an indebtedness of the
state or a local government, other than a bond, and includes, but is not
limited to, conditional sales contracts, lease obligations, and promissory
notes.
(4)
"State" includes the state, agencies of the state, and public
corporations created by the state or agencies of the state.
(5)
"Treasurer" means the state treasurer, county treasurer, city
treasurer, or treasurer of any other municipal corporation.
Sec.
7. RCW
39.46.030 and 1994 c 301 s 11 are each reenacted to read as follows:
(1)
The state and local governments are authorized to establish a system of
registering the ownership of their bonds or other obligations as to principal
and interest, or principal only. Registration may include, without
limitation: (a) A book entry system of recording the ownership of a bond or
other obligation whether or not a physical instrument is issued; or (b)
recording the ownership of a bond or other obligation together with the
requirement that the transfer of ownership may only be effected by the
surrender of the old bond or other obligation and either the reissuance of the
old bond or other obligation or the issuance of a new bond or other obligation
to the new owner.
(2)
The system of registration shall define the method or methods by which transfer
of the registered bonds or other obligations shall be effective, and by which
payment of principal and any interest shall be made. The system of
registration may permit the issuance of bonds or other obligations in any
denomination to represent several registered bonds or other obligations of
smaller denominations. The system of registration may also provide for any
writing relating to a bond or other obligation that is not issued as a physical
instrument, for identifying numbers or other designations, for a sufficient
supply of certificates for subsequent transfers, for record and payment dates,
for varying denominations, for communications to the owners of bonds or other
obligations, for accounting, canceled certificate destruction, registration and
release of securing interests, and for such other incidental matters pertaining
to the registration of bonds or other obligations as the issuer may deem to be
necessary or appropriate.
(3)(a)
The state treasurer or a local treasurer may appoint (i) one or more of the
fiscal agencies appointed from time to time by the state finance committee in
accordance with chapter 43.80 RCW or (ii) other fiscal agents to act with
respect to an issue of its bonds or other obligations as authenticating
trustee, transfer agent, registrar, and paying or other agent and specify the
rights and duties and means of compensation of any such fiscal agency so
acting. The state treasurer or local treasurers may also enter into agreements
with the fiscal agency or agencies in connection with the establishment and
maintenance by such fiscal agency or agencies of a central depository system
for the transfer or pledge of bonds or other obligations.
(b)
The county treasurer as ex officio treasurer of a special district shall act as
fiscal agent for such special district, unless the county treasurer appoints
either one or more of the fiscal agencies appointed from time to time by the
state finance committee in accordance with chapter 43.80 RCW or other fiscal
agents selected in a manner consistent with RCW 43.80.120 to act with respect
to an issue of its bonds or other obligations as authenticating trustee,
transfer agent, registrar, and paying or other agent and specify the rights and
duties and means of compensation of any such fiscal agency.
(4)
Nothing in this section precludes the issuer, or a trustee appointed by the
issuer pursuant to any other provision of law, from itself performing, either
alone or jointly with other issuers, fiscal agencies, or trustees, any
transfer, registration, authentication, payment, or other function described in
this section.
Sec.
8. RCW
39.46.110 and 1994 c 301 s 12 are each reenacted to read as follows:
(1)
General obligation bonds of local governments shall be subject to this section.
Unless otherwise stated in law, the maximum term of any general obligation bond
issue shall be forty years.
(2)
General obligation bonds constitute an indebtedness of the local government
issuing the bonds that are subject to the indebtedness limitations provided in
Article VIII, section 6 of the state Constitution and are payable from tax
revenues of the local government and such other money lawfully available and
pledged or provided by the governing body of the local government for that
purpose. Such governing body may pledge the full faith, credit and resources
of the local government for the payment of general obligation bonds. The
payment of such bonds shall be enforceable in mandamus against the local
government and its officials. The officials now or hereafter charged by law
with the duty of levying taxes pledged for the payment of general obligation
bonds and interest thereon shall, in the manner provided by law, make an annual
levy of such taxes sufficient together with other moneys lawfully available and
pledge therefor to meet the payments of principal and interest on said bonds as
they come due.
(3)
General obligation bonds issued as physical instruments shall be executed in
the manner determined by the governing body or legislative body of the issuer.
If the issuer is a special district for which the county treasurer is the
treasurer, the issuer shall notify the county treasurer at least thirty days in
advance of authorizing the issuance of bonds or the incurrence of other
certificates of indebtedness.
(4)
Unless another statute specifically provides otherwise, the owner of a general
obligation bond, or the owner of an interest coupon, issued by a local
government shall not have any claim against the state arising from the general
obligation bond or interest coupon.
(5) As
used in this section, the term "local government" means every unit of
local government, including municipal corporations, quasi municipal
corporations, and political subdivisions, where property ownership is not a prerequisite
to vote in the local government's elections.
Sec.
9. RCW
39.50.030 and 1994 c 301 s 13 are each reenacted to read as follows:
(1)
The issuance of short-term obligations shall be authorized by ordinance of the
governing body which ordinance shall fix the maximum amount of the obligations
to be issued or, if applicable, the maximum amount which may be outstanding at
any time, the maximum term and interest rate or rates to be borne thereby, the
manner of sale, maximum price, form including bearer or registered as provided
in RCW 39.46.030, terms, conditions, and the covenants thereof. The ordinance
may provide for designation and employment of a paying agent for the short-term
obligations and may authorize a designated representative of the municipal
corporation, or if the county, the county treasurer to act on its behalf and
subject to the terms of the ordinance in selling and delivering short-term
obligations authorized and fixing the dates, price, interest rates, and other
details as may be specified in the ordinance. Short-term obligations issued
under this section shall bear such fixed or variable rate or rates of interest
as the governing body considers to be in the best interests of the municipal
corporation. Variable rates of interest may be fixed in relationship to such
standard or index as the governing body designates.
The
governing body may make contracts for the future sale of short-term obligations
pursuant to which the purchasers are committed to purchase the short-term
obligations from time to time on the terms and conditions stated in the
contract, and may pay such consideration as it considers proper for the
commitments. Short-term obligations issued in anticipation of the receipt of
taxes shall be paid within six months from the end of the fiscal year in which
they are issued. For the purpose of this subsection, short-term obligations
issued in anticipation of the sale of general obligation bonds shall not be
considered to be obligations issued in anticipation of the receipt of taxes.
(2)
Notwithstanding subsection (1) of this section, such short-term obligations may
be issued and sold in accordance with chapter 39.46 RCW.
Sec.
10. RCW
43.80.125 and 1994 c 301 s 14 are each reenacted to read as follows:
(1)
The fiscal agencies designated pursuant to RCW 43.80.110 and 43.80.120 may be
appointed by the state treasurer or a local treasurer to act as registrar,
authenticating agent, transfer agent, paying agent, or other agent in
connection with the issuance by the state or local government of registered
bonds or other obligations pursuant to a system of registration as provided by
RCW 39.46.030 and may establish and maintain on behalf of the state or local
government a central depository system for the transfer or pledge of bonds or
other obligations. The term "local government" shall be as defined
in RCW 39.46.020.
(2)
Whenever in the judgment of the fiscal agencies, certain services as registrar,
authenticating agent, transfer agent, paying agent, or other agent in
connection with the establishment and maintenance of a central depository
system for the transfer or pledge of registered public obligations, or in
connection with the issuance by any public entity of registered public
obligations pursuant to a system of registration as provided in chapter 39.46
RCW, can be secured from private sources more economically than by carrying out
such duties themselves, they may contract out all or any of such services to
such private entities as such fiscal agencies deem capable of carrying out such
duties in a responsible manner.
Sec.
11. RCW
46.44.175 and 1994 c 301 s 15 are each reenacted to read as follows:
Failure
of any person or agent acting for a person who causes to be moved or moves a
mobile home as defined in RCW 46.04.302 upon public highways of this state and
failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is
a traffic infraction for which a penalty of not less than one hundred dollars
or more than five hundred dollars shall be assessed. In addition to the above
penalty, the department of transportation or local authority may withhold
issuance of a special permit or suspend a continuous special permit as provided
by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.
Any
person who shall alter, reuse, transfer, or forge the decal required by RCW
46.44.170, or who shall display a decal knowing it to have been forged, reused,
transferred, or altered, shall be guilty of a gross misdemeanor.
Any
person or agent who is denied a special permit or whose special permit is
suspended may upon request receive a hearing before the department of
transportation or the local authority having jurisdiction. The department or
the local authority after such hearing may revise its previous action.
NEW SECTION. Sec. 12. Acts of
municipal officers before the effective date of this act that are consistent
with its terms, including, but not limited to, acts consistent with chapter
301, Laws of 1994, are ratified and confirmed.
