ESSB 6050 -
By Representatives Orcutt, Armstrong
FAILED 04/20/2005
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 79.64.110 and 2003 c 334 s 207 are each amended to
read as follows:
Any moneys derived from the lease of state forest lands or from the
sale of valuable materials, oils, gases, coal, minerals, or fossils
from those lands, must be distributed as follows:
(1) State forest lands acquired through RCW 79.22.040 or by
exchange for lands acquired through RCW 79.22.040:
(a) The expense incurred by the state for administration,
reforestation, and protection, not to exceed twenty-five percent, which
rate of percentage shall be determined by the board, must be returned
to the forest development account in the state general fund.
(b) Any balance remaining must be paid to the county in which the
land is located to be paid, distributed, and prorated, except as
otherwise provided in this section, to the various funds in the same
manner as general taxes are paid and distributed during the year of
payment, except that no distribution may be made to the state general
fund. Revenues that would otherwise be dedicated to the state general
fund shall be deposited in the city-county assistance account created
in section 2 of this act.
(c) Any balance remaining, paid to a county with a population of
less than sixteen thousand, must first be applied to the reduction of
any indebtedness existing in the current expense fund of the county
during the year of payment.
(d) With regard to moneys remaining under this subsection (1),
within seven working days of receipt of these moneys, the department
shall certify to the state treasurer the amounts to be distributed to
the counties. The state treasurer shall distribute funds to the
counties four times per month, with no more than ten days between each
payment date.
(2) State forest lands acquired through RCW 79.22.010 or by
exchange for lands acquired through RCW 79.22.010, except as provided
in RCW 79.64.120:
(a) Fifty percent shall be placed in the forest development
account.
(b) Fifty percent shall be prorated and distributed to the state
general fund, to be dedicated for the benefit of the public schools,
and the county in which the land is located according to the relative
proportions of tax levies of all taxing districts in the county. The
portion to be distributed to the state general fund shall be based on
the regular school levy rate under RCW 84.52.065 and the levy rate for
any maintenance and operation special school levies. With regard to
the portion to be distributed to the counties, the department shall
certify to the state treasurer the amounts to be distributed within
seven working days of receipt of the money. The state treasurer shall
distribute funds to the counties four times per month, with no more
than ten days between each payment date. The money distributed to the
county must be paid, distributed, and prorated to the various other
funds in the same manner as general taxes are paid and distributed
during the year of payment.
NEW SECTION. Sec. 2 A new section is added to chapter 82.14 RCW
to read as follows:
(1) The city-county assistance account is created in the state
treasury. Money in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes
provided in this section.
(2) Fifty percent of the receipts deposited in the city-county
assistance account shall be allocated to counties, and the remainder
shall be allocated to cities.
(3) Revenues allocated to counties shall be distributed as provided
under this subsection.
(a) Except as provided in (b) and (c) of this subsection, the
amount distributed to a county under this section shall be an amount
equal to twenty-five percent of the greater of the amounts described
under (a)(i) through (iii) of this subsection.
(i) For a county imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than the base
amount from the tax in the measurement year, an amount from the city-county assistance account sufficient, when added to the amount of
revenues received by the county in the measurement year, to equal the
base amount. For the purposes of this subsection (3)(a)(i), "base
amount" means two hundred fifty thousand dollars in the first
distribution year. Thereafter, "base amount" means two hundred fifty
thousand dollars increased by the rate of inflation as provided under
subsection (5) of this section.
(ii)(A) For a county with an unincorporated population of one
hundred thousand or less and imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than seventy
percent of the statewide weighted average per capita level of revenues
for the unincorporated areas of all counties in the measurement year as
determined by the department, an amount from the city-county assistance
account sufficient, when added to the per capita level of revenues for
the unincorporated area received by the county in the measurement year,
to equal seventy percent of the statewide weighted average per capita
level of revenues for the unincorporated areas of all counties in the
measurement year.
(B) For a county with an unincorporated population of more than one
hundred thousand and imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than sixty-five
percent of the statewide weighted average per capita level of revenues
for the unincorporated areas of all counties in the measurement year as
determined by the department, an amount from the city-county assistance
account sufficient, when added to the per capita level of revenues for
the unincorporated area received by the county in the measurement year,
to equal sixty-five percent of the statewide weighted average per
capita level of revenues for the unincorporated areas of all counties
in the measurement year.
(iii)(A) For a county with an unincorporated population of fifteen
thousand or less, an amount equal to the amount provided to the county
for fiscal year 2005 by section 716, chapter 276, Laws of 2004.
(B) For a county with an unincorporated population of more than
fifteen thousand and less than twenty-two thousand, and with respect to
distributions made under this section in calendar years 2006 and 2007
only, an amount equal to the amount provided to the county for fiscal
year 2005 by section 716, chapter 276, Laws of 2004.
(b) If funds in the city-county assistance account for allocation
to the counties are inadequate to make the distributions in (a) of this
subsection, then the distributions shall be reduced ratably among the
qualifying counties.
(c) If funds in the city-county assistance account for allocation
to the counties exceed the amount necessary to make the distributions
in (a) of this subsection, the excess funds shall be apportioned
ratably among those counties receiving funds under this section and
imposing the tax under RCW 82.14.030(1) at the maximum rate.
(4) Revenues allocated to cities shall be distributed as provided
under this subsection.
(a) Except as provided in (c), (d), and (e) of this subsection, the
amount distributed to a city under this section shall be an amount
equal to twenty-five percent of the greater of the amounts described
under (a)(i) through (iii) of this subsection. This subsection (4)(a)
applies only to cities with a population of five thousand or less and
with a per capita assessed value of taxable property in the measurement
year less than twice the statewide average per capita assessed value of
taxable property for all cities for the measurement year.
(i) For a city imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than fifty-five
percent of the statewide weighted average per capita level of revenues
for all cities in the measurement year as determined by the department,
an amount from the city-county assistance account sufficient, when
added to the per capita level of revenues received by the city in the
measurement year, to equal fifty-five percent of the statewide weighted
average per capita level of revenues for all cities in the measurement
year.
(ii) An amount equal to the amount provided to the city for fiscal
year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
(iii) For a city with a per capita assessed value of taxable
property in the measurement year less than fifty percent of the
statewide average per capita assessed value of taxable property for all
cities in the measurement year as determined by the department, an
amount determined by subtracting the city's per capita assessed value
of taxable property in the measurement year from fifty percent of the
statewide average per capita assessed value of taxable property for all
cities in the measurement year, dividing that amount by one thousand,
and multiplying the result by the city's population.
(b) Except as provided in (c), (d), and (e) of this subsection, the
amount distributed to a city under this section shall be an amount
equal to twenty-five percent of the greater of the amounts described
under (b)(i) through (iii) of this subsection. This subsection (4)(b)
applies only to cities with a population of more than five thousand and
with a per capita assessed value of taxable property in the measurement
year less than the statewide average per capita assessed value of
taxable property for all cities for the measurement year.
(i) For a city imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than fifty percent
of the statewide weighted average per capita level of revenues for all
cities in the measurement year as determined by the department, an
amount from the city-county assistance account sufficient, when added
to the per capita level of revenues received by the city in the
measurement year, to equal fifty percent of the statewide weighted
average per capita level of revenues for all cities in the measurement
year.
(ii) For distributions in calendar years 2006 and 2007 only, an
amount equal to the amount provided to the city for fiscal year 2005 by
section 721, chapter 25, Laws of 2003 1st sp. sess.
(iii) For a city with a per capita assessed value of taxable
property in the measurement year less than fifty percent of the
statewide average per capita assessed value of taxable property for all
cities in the measurement year as determined by the department, an
amount determined by subtracting the city's per capita assessed value
of taxable property in the measurement year from fifty percent of the
statewide average per capita assessed value of taxable property for all
cities in the measurement year, dividing that amount by one thousand,
and multiplying the result by the city's population.
(c) A city may not receive an amount in any distribution year that
would cause cumulative distributions to the city under this section for
the year to exceed one hundred thousand dollars, increased after the
first distribution year by the rate of inflation as provided under
subsection (5) of this section.
(d) If funds in the city-county assistance account for allocation
to the cities are inadequate to make the distributions in (a) and (b)
of this subsection, then the distributions shall be reduced ratably
among the qualifying cities.
(e) If funds in the city-county assistance account for allocation
to the cities exceed the amount necessary to make the distributions in
(a) and (b) of this subsection, the excess funds shall be apportioned
ratably among those cities receiving funds under this section and
imposing the tax under RCW 82.14.030(1) at the maximum rate.
(f) This subsection (4) applies only to cities incorporated prior
to the effective date of this section.
(5)(a) For the purpose of certifications under subsection (6) of
this section, the department shall calculate the base amount in
subsection (3)(a)(i) of this section and the amount in subsection
(4)(c) of this section for distribution years after the first
distribution year using an adjustment for inflation as defined in RCW
84.55.005.
(b) With respect to a city, town, or county to which or from which
unincorporated territory is annexed during a measurement year, and for
the purposes of calculating amounts for distribution under subsections
(3) and (4) of this section based upon information from that year, the
department shall utilize estimates of the population and assessed value
of taxable property in the jurisdiction immediately prior to the
annexation.
(6)(a) Distributions of the amounts provided under subsections (3)
and (4) of this section shall be made quarterly beginning on January 1,
2006, based on receipts to the city-county assistance account as
provided in (b) of this subsection. The department shall certify the
amounts to be distributed under this section to the state treasurer.
Amounts certified by the department are final and may not be appealed.
The certification shall be made by January 1, 2006, for the January 1,
2006, distribution, and by April 1, 2006, for the April 1, 2006,
distribution. The certification shall be made by June 1, 2006, with
respect to the distributions occurring in the ensuing distribution
year, and by June 1st of each year thereafter with respect to the
distributions occurring in each subsequent distribution year.
(b) The quarterly distributions shall be made based on receipts to
the city-county assistance account as follows:
(i) Any distribution made on January 1st shall be based on receipts
to the account during the immediately preceding September, October, and
November;
(ii) Any distribution made on April 1st shall be based on receipts
to the account during the immediately preceding December, January, and
February;
(iii) Any distribution made on July 1st shall be based on receipts
to the account during the immediately preceding March, April, and May;
and
(iv) Any distribution made on October 1st shall be based on
receipts to the account during the immediately preceding June, July,
and August.
(7) All distributions to local governments from the city-county
assistance account constitute increases in state distributions of
revenue to political subdivisions for purposes of state reimbursement
for the costs of new programs and increases in service levels under RCW
43.135.060, including any claims or litigation pending against the
state on or after January 1, 2005.
(8) For the purposes of this section, the following definitions
apply:
(a) Except for the initial distribution year, "distribution year"
means the twelve-month period beginning July 1st. For the purposes of
the initial distribution year, "distribution year" means the twelve-month period ending June 30, 2006.
(b) "Measurement year" means the calendar year prior to the year in
which the certification under subsection (6) of this section is made.
(c) "Population" means the population for the county or city as
determined by the office of financial management for the measurement
year.
(d) "City" means city or town.
NEW SECTION. Sec. 3 A new section is added to chapter 44.28 RCW
to read as follows:
During calendar year 2008, the joint legislative audit and review
committee shall review the distributions to cities and counties under
section 2 of this act to determine the extent to which the
distributions target the needs of cities and counties for which the
repeal of the motor vehicle excise tax had the greatest fiscal impact.
In conducting the study, the committee shall solicit input from the
cities and counties. The department of revenue and the state treasurer
shall provide the committee with any data within their purview that the
committee considers necessary to conduct the review. The committee
shall report to the legislature the results of its findings, and any
recommendations for changes to the distribution formulas under section
2 of this act, by December 31, 2008.
Sec. 4 RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003
c 150 s 2, and 2003 c 48 s 2 are each reenacted and 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 city-county assistance 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 drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, the election account, the emergency reserve fund,
The Evergreen State College capital projects account, 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 oyster reserve land 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 facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the regional transportation investment
district 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
Tacoma Narrows toll bridge 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 fruit express account, 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 2003
account (nickel 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 2004 c 242 s 60 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 city-county assistance 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 drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, the election account, the emergency reserve fund,
The Evergreen State College capital projects account, 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 oyster reserve land 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 facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public works assistance account, the Puyallup
tribal settlement account, the regional transportation investment
district 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
Tacoma Narrows toll bridge 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 fruit express account, 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 public safety
employees' 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 2003
account (nickel 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 This act takes effect August 1, 2005, except
for section 5 of this act which takes effect July 1, 2006.
NEW SECTION. Sec. 7 Section 4 of this act expires July 1, 2006."
Correct the title.
EFFECT: Removes the provision that redirects a portion of the state real estate excise tax to fund a new account for the purpose of providing local government assistance. Provides funding to the city- county assistance account by redirecting the state general fund portion of revenues from the lease of, or sales of natural resources from, forest board transfer lands. Clarifies mitigation criteria relating to assessed valuations, such that the criteria pertains to assessed valuations of taxable property, instead of all property. Modifies the mitigation option for cities with below-average property tax bases so that the mitigation amounts are compared to a standard equal to 50 percent of the statewide average per capita assessed property value, instead of 55 percent. Delays the first distributions from the account to January 1, 2006. Makes technical modifications to improve administrative clarity.