E2SHB 2082 -
By Representative Wallace
OUT OF ORDER 02/12/2008
On page 4, line 8, after "on" strike "July 1, 2010" and insert "July 1, 2011"
On page 4, beginning on line 18, after "by" strike "December 1, 2010, December 1, 2012, and December 1, 2014" and insert "December 1, 2011, December 1, 2013, and December 1, 2015"
On page 5, line 1, after "expires" strike "December 31, 2013" and insert "December 31, 2015"
On page 5, line 9, after "expires" strike "December 31, 2013" and insert "December 31, 2015"
Beginning on page 5, line 10, strike all of sections 9 and 10 and insert the following:
"Sec. 9 RCW 28B.95.060 and 2007 c 214 s 13 are each amended to
read as follows:
(1) The Washington advanced college tuition payment program account
is created in the custody of the state treasurer. The account shall be
a discrete nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2)(a) Except as provided in (b) and (c) of this subsection, the
governing body shall deposit in the account all money received for the
program. The account shall be self-sustaining and consist of payments
received from purchasers of tuition units and funds received from other
sources, public or private. With the exception of investment and
operating costs associated with the investment of money by the
investment board paid under RCW 43.33A.160 and 43.84.160, the account
shall be credited with all investment income earned by the account.
Disbursements from the account are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. Money used for program
administration is subject to the allotment of all expenditures.
However, an appropriation is not required for such expenditures.
Program administration shall include, but not be limited to: The
salaries and expenses of the program personnel including lease
payments, travel, and goods and services necessary for program
operation; contracts for program promotion and advertisement, audits,
and account management; and other general costs of conducting the
business of the program.
(b) All money received by the program from the higher education
coordinating board for the GET ready for math and science scholarship
program shall be deposited in the GET ready for math and science
scholarship account created in RCW 28B.105.110.
(c) All money received by the program from the higher education
coordinating board for the GET field of dreams program shall be
deposited in the GET field of dreams account created in section 6 of
this act.
(3) The assets of the account may be spent without appropriation
for the purpose of making payments to institutions of higher education
on behalf of the qualified beneficiaries, making refunds, transfers, or
direct payments upon the termination of the Washington advanced college
tuition payment program. Disbursements from the account shall be made
only on the authorization of the governing body.
(4) With regard to the assets of the account, the state acts in a
fiduciary, not ownership, capacity. Therefore the assets of the
program are not considered state money, common cash, or revenue to the
state.
Sec. 10 RCW 43.79A.040 and 2007 c 523 s 5, 2007 c 357 s 21, and
2007 c 214 s 14 are each reenacted and 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.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment 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)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) 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 Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the commemorative works account, the Washington
international exchange scholarship endowment fund, the developmental
disabilities endowment trust fund, the energy account, the fair fund,
the family leave insurance account, the fruit and vegetable inspection
account, the future teachers conditional scholarship account, the game
farm alternative account, the GET field of dreams account, the GET
ready for math and science scholarship account, the grain inspection
revolving fund, the juvenile accountability incentive account, the law
enforcement officers' and firefighters' plan 2 expense fund, the local
tourism promotion account, the produce railcar pool account, the
regional transportation investment district account, the rural
rehabilitation account, the stadium and exhibition center account, the
youth athletic facility account, the self-insurance revolving fund, the
sulfur dioxide abatement account, the children's trust fund, the
Washington horse racing commission Washington bred owners' bonus fund
account, the Washington horse racing commission class C purse fund
account, the individual development account program account, the
Washington horse racing commission operating account (earnings from the
Washington horse racing commission operating account must be credited
to the Washington horse racing commission class C purse fund account),
the life sciences discovery fund, the Washington state heritage center
account, and the reading achievement account. However, the earnings to
be distributed shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(c) 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 advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) 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."
On page 8, line 5, after "by" strike "June 30, 2007" and insert "June 30, 2008"
EFFECT: Pushes out the beginning date, expiration date, due dates for reports, and null and void date to: (1) Reflect the fact that the bill was not enacted into law in 2007; and, (2) to provide that the expiration date falls after, and not before, the due date of the final report. References to RCW 28B.95.060 and RCW 43.79A.040 are changed to reflect amendments to these statutes made in 2007.