AN
ACT Relating to obtaining and expending funds for the public health system;
amending RCW 43.70.040, 43.84.092, and 43.84.092; adding a new section to
chapter 43.70 RCW; creating a new section; providing an effective date; and
providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The legislature finds that developing, creating, and maintaining partnerships
between the public and private sectors can enhance and augment current public
health services. The legislature further finds that the department of health
should have the ability to establish such partnerships, and seek out and accept
gifts, grants, and other funding to advance worthy public health goals and
programs.
(2)
It is the intent of the legislature that gifts and other funds received by the
department of health under the authority granted by RCW 43.70.040 may be used
to expand or enhance program operations so long as program standards
established by the department are maintained, but may not supplant or replace
funds for federal, state, county, or city-supported programs.
Sec.
2. RCW
43.70.040 and 1995 c 403 s 105 are each amended to read as follows:
In
addition to any other powers granted the secretary, the secretary may:
(1)
Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the
provisions of chapter 9, Laws of 1989 1st ex. sess.: PROVIDED, That for rules
adopted after July 23, 1995, the secretary may not rely solely on a section of
law stating a statute's intent or purpose, on the enabling provisions of the
statute establishing the agency, or on any combination of such provisions, for
statutory authority to adopt any rule;
(2)
Appoint such advisory committees as may be necessary to carry out the
provisions of chapter 9, Laws of 1989 1st ex. sess. Members of such advisory
committees are authorized to receive travel expenses in accordance with RCW
43.03.050 and 43.03.060. The secretary and the board of health shall review
each advisory committee within their jurisdiction and each statutory advisory
committee on a biennial basis to determine if such advisory committee is
needed((. The criteria specified in RCW 43.131.070 shall be used to
determine whether or not each advisory committee shall be continued));
(3)
Undertake studies, research, and analysis necessary to carry out the provisions
of chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;
(4)
Delegate powers, duties, and functions of the department to employees of the
department as the secretary deems necessary to carry out the provisions of
chapter 9, Laws of 1989 1st ex. sess.;
(5)
Enter into contracts on behalf of the department to carry out the purposes of
chapter 9, Laws of 1989 1st ex. sess.;
(6)
Act for the state in the initiation of, or the participation in, any intergovernmental
program to the purposes of chapter 9, Laws of 1989 1st ex. sess.; or
(7)
Solicit and accept gifts, grants, bequests, devises, or other
funds from public and private sources.
NEW
SECTION. Sec. 3. A
new section is added to chapter 43.70 RCW to read as follows:
(1)
The public health supplemental account is created in the state treasury. All
receipts from gifts, bequests, devises, or funds, whose use is determined to
further the purpose of maintaining and improving the health of Washington
residents through the public health system must be deposited into the account.
Money in the account may be spent only after appropriation. Expenditures from
the account may be used only for maintaining and improving the health of
Washington residents through the public health system. Expenditures from the
account shall not be used to pay for or add permanent full-time equivalent
staff positions.
(2)
The department shall file an annual statement of the financial condition,
transactions, and affairs of any program funded under this section in a form
and manner prescribed by the office of financial management. A copy of the
annual statement shall be filed with the speaker of the house of
representatives and the president of the senate.
Sec.
4. RCW
43.84.092 and 2000 2nd sp.s. c 4 s 5 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)
The treasury income account shall be utilized to pay or receive funds
associated with federal programs as required by the federal cash management
improvement act of 1990. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for refunds or
allocations of interest earnings required by the cash management improvement
act. Refunds of interest to the federal treasury required under the cash
management improvement act fall under RCW 43.88.180 and shall not require
appropriation. The office of financial management shall determine the amounts
due to or from the federal government pursuant to the cash management
improvement act. The office of financial management may direct transfers of
funds between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or allocations
shall occur prior to the distributions of earnings set forth in subsection (4)
of this section.
(3)
Except for the provisions of RCW 43.84.160, the treasury income account may be
utilized for the payment of purchased banking services on behalf of treasury
funds including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4)
Monthly, the state treasurer shall distribute the earnings credited to the
treasury income account. The state treasurer shall credit the general fund
with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure 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 real estate excise tax account, the
local sales and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation 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 1 account,
the public employees' retirement system plan 2 account, the public health
supplemental 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 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco prevention
and control account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension principal
fund, the volunteer fire fighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement account, the
Washington law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving 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 (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry bond
retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, 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 safety and
education account, the special category C account, the state patrol highway
account, the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement board bond
retirement account, and the urban arterial trust account.
(5)
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.
5. RCW
43.84.092 and 2000 2nd sp.s. c 4 s 6 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)
The treasury income account shall be utilized to pay or receive funds
associated with federal programs as required by the federal cash management
improvement act of 1990. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for refunds or
allocations of interest earnings required by the cash management improvement
act. Refunds of interest to the federal treasury required under the cash
management improvement act fall under RCW 43.88.180 and shall not require
appropriation. The office of financial management shall determine the amounts
due to or from the federal government pursuant to the cash management
improvement act. The office of financial management may direct transfers of
funds between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or allocations
shall occur prior to the distributions of earnings set forth in subsection (4)
of this section.
(3)
Except for the provisions of RCW 43.84.160, the treasury income account may be
utilized for the payment of purchased banking services on behalf of treasury
funds including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4)
Monthly, the state treasurer shall distribute the earnings credited to the
treasury income account. The state treasurer shall credit the general fund
with all the earnings credited to the treasury income account except:
(a)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's and fund's average daily balance for the
period: The capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University capital
projects account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization account,
the data processing building construction account, the deferred compensation
administrative account, the deferred compensation principal account, the
department of retirement systems expense account, the drinking water assistance
account, the Eastern Washington University capital projects account, the
education construction fund, the emergency reserve fund, the federal forest
revolving account, the health services account, the public health services
account, the health system capacity account, the personal health services
account, the state higher education construction account, the higher education
construction account, the highway infrastructure 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 real estate excise tax
account, the local sales and use tax account, the medical aid account, the
mobile home park relocation fund, the multimodal transportation 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 1 account, the public employees' retirement system combined plan 2 and
plan 3 account, the public health supplemental 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 1 account, the teachers' retirement system combined plan 2 and plan 3
account, the tobacco prevention and control account, the tobacco settlement
account, the transportation infrastructure account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University of
Washington building account, the volunteer fire fighters' and reserve officers'
relief and pension principal fund, the volunteer fire fighters' and reserve
officers' administrative fund, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire fighters' system
plan 1 retirement account, the Washington law enforcement officers' and fire
fighters' system plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state health
insurance pool account, the Washington state patrol retirement account, the
Washington State University building account, the Washington State University
bond retirement fund, the water pollution control revolving 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
(4)(a) shall first be reduced by the allocation to the state treasurer's
service fund pursuant to RCW 43.08.190.
(b)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The aeronautics account, the aircraft search and
rescue account, the county arterial preservation account, the department of
licensing services account, the essential rail assistance account, the ferry
bond retirement fund, the grade crossing protective fund, the high capacity
transportation account, the highway bond retirement fund, 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 safety and
education account, the special category C account, the state patrol highway
account, the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement board bond
retirement account, and the urban arterial trust account.
(5)
In conformance with Article II, section 37 of the state Constitution, no
treasury accounts or funds shall be allocated earnings without the specific
affirmative directive of this section.
NEW
SECTION. Sec. 6.
Section 4 of this act expires March 1, 2002.
NEW
SECTION. Sec. 7.
Section 5 of this act takes effect March 1, 2002.
