BILL REQ. #:  Z-0351.3 

Read first time 02/06/2007.   Referred to Committee on Ways & Means.

     AN ACT Relating to the Washington talking book and Braille library; reenacting and amending RCW 43.79A.040; adding new sections to chapter 27.04 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 27.04 RCW to read as follows:
     The legislature finds that the Washington talking book and Braille library is a statewide public library for Washington residents who cannot read conventional books due to blindness, learning disabilities, or physical disabilities. Using free postage provided by the United States postal service, the Washington talking book and Braille library lends talking books, talking book players, Braille materials, and other items to over eleven thousand patrons located throughout Washington state.
     The Washington state library has the statutory authority and responsibility for providing these services. The Washington talking book and Braille library is currently operated by the Seattle public library, city of Seattle, through a contract with the Washington state library.
     The 2003-2005 and 2005-2007 biennial contracts between the city of Seattle and the state library included provisions to study the transition of the Washington talking book and Braille program from the city to the state. A contract to study the transition was funded jointly by the city and the state library.
     The legislature further finds that chapter 22, Laws of 1993 1st sp. sess. appropriated three million three hundred thousand dollars to purchase and renovate real estate for a permanent home for the Washington talking book and Braille library, a state program, created pursuant to RCW 27.04.045(14). The city of Seattle was entrusted to acquire a building, renovate such building, and provide rent-free space as a permanent home for the library for as long as the state contracts for such services from the Seattle public library. The state of Washington appropriated the three million three hundred thousand dollars so the Seattle public library would provide such services. The state continued to pay the Seattle public library for all operating expenses after the building was occupied. The city of Seattle provided no funding and covenanted that the state funds would be used only for purchase and renovation of a building for the Washington talking book and Braille library. The transaction was memorialized in a memorandum of understanding executed between the city of Seattle and the state of Washington on June 18, 1993.
     Exercising its power to transfer any created asset from one political subdivision to another, it is the intent of the legislature to transfer all real and personal assets used in the operation of the Washington talking book and Braille library from the city of Seattle to the state of Washington in a manner consistent with Moses Lake school district No. 161, et al., respondents, v. Big Bend community college and the state board of community colleges, 81 Wn.2d 551, 503 P.2d 86 (1972). Sections 1 through 3 of this act transfer all real and personal property entrusted to the city of Seattle for the benefit of the Washington talking book and Braille library.
     To ensure a successful transition of the assets and management of the talking book and Braille library from the city of Seattle to the state, as well as provide for the long-term operation and enhancement of the program, the legislature intends to create the Washington talking book and Braille library account for the purposes prescribed in section 5 of this act. In creating the Washington talking book and Braille library account, the legislature affirms the state's commitment to providing library services to residents who cannot read conventional books due to blindness, learning disabilities, or physical disabilities.

NEW SECTION.  Sec. 2   A new section is added to chapter 27.04 RCW to read as follows:
     The legislature shall transfer from the city of Seattle to the state of Washington the following:
     Title to or all interest in real estate, choses in action, and all other assets including, but not limited to, buildings, facilities, equipment, and appurtenances thereto obtained with state or federal funds appropriated, budgeted, or granted for Washington talking book and Braille library purposes including, but not limited to, all of the rights, title, and interest in the following described real estate:

     (1) Legal description:

Lots 7, 8, 9, and 10, block 25, plat of the second addition to the town of Seattle, as laid off by the heirs of Sarah A. Bell, according to the plat thereof recorded in volume 1 of plats, page 121 in King county, Washington;

The real property originally consisting of the showroom and parts warehouse floor of the savidge building at 821 Lenora Street, Seattle, Washington; now readdressed as the Washington talking book and Braille library located at 2021 9th Avenue, Seattle, Washington

NEW SECTION.  Sec. 3   A new section is added to chapter 27.04 RCW to read as follows:
     Pursuant to section 2 of this act, the attorney general shall prepare a deed in the name of the state conveying to the state of Washington all of the rights, title, and interest in the real estate described in section 2 of this act and the secretary of state shall attest to the governor signing such deed and shall affix the seal of the state of Washington thereto, and shall cause to be filed a true and correct copy of such deed in the King county recorder's office.
     In that the state appropriated the funding for the purchase and renovation of the real and personal property described in section 2 of this act, this transfer is not subject to the requirements of RCW 43.09.210.

NEW SECTION.  Sec. 4   A new section is added to chapter 27.04 RCW to read as follows:
     The secretary of state shall not sell, lease, rent, or otherwise dispose of the property transferred from the city of Seattle to the state of Washington pursuant to this act for a minimum of five years after the effective date of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 27.04 RCW to read as follows:
     (1) The Washington talking book and Braille library account is created in the custody of the state treasurer.
     (2) All net proceeds resulting from the sale, lease, or other disposition of the real property located at 2021 9th Avenue in Seattle, Washington, consisting of lots 7-10, block 25, plat of the second addition to the town of Seattle are to be deposited into the Washington talking book and Braille library account.
     (3) Only the secretary of state or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (4) Expenditures from the account may be made only to assist the state in carrying out the provisions of RCW 27.04.045(14) in any of the following ways:
     (a) To construct, purchase, lease, or otherwise acquire a facility or space in which to house operations of the Washington talking book and Braille library;
     (b) To fund one-time costs associated with transition of the Washington talking book and Braille library from the city of Seattle, Seattle public library to the office of the secretary of state, Washington state library;
     (c) To supplement or expand library services to the blind and physically handicapped population not otherwise funded through the state general fund appropriation.
     (5) All interest earned on the Washington talking book and Braille library account shall be retained by the account.

Sec. 6   RCW 43.79A.040 and 2006 c 311 s 21 and 2006 c 120 s 2 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 fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and fire fighters' 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 talking book and Braille library 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.

NEW SECTION.  Sec. 7   A new section is added to chapter 27.04 RCW to read as follows:
     The memorandum of understanding between the city of Seattle and the state of Washington, executed June 21, 1993, that outlines the city's commitment and covenants regarding the operation of the Washington talking book and Braille library, is null and void.

NEW SECTION.  Sec. 8   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 9   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.