ESHB 2254 -
By Senators Fraser, Brandland
ADOPTED 04/24/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28B.15.210 and 1985 c 390 s 20 are each amended to
read as follows:
Within thirty-five days from the date of collection thereof, all
building fees at the University of Washington, including building fees
to be charged students registering in the schools of medicine and
dentistry, shall be paid into the state treasury and credited as
follows:
One-half or such larger portion as may be necessary to prevent a
default in the payments required to be made out of the bond retirement
fund((, and in no event shall such one-half be less than twelve dollars
and fifty cents per each resident student per quarter, and thirty-seven
dollars and fifty cents per each nonresident student per quarter)) to
the "University of Washington bond retirement fund" and the remainder
thereof to the "University of Washington building account." The sum so
credited to the University of Washington building account shall be used
exclusively for the purpose of erecting, altering, maintaining,
equipping, or furnishing buildings, and for certificates of
participation under chapter 39.94 RCW, except for any sums transferred
as authorized in RCW 28B.20.725(3). The sum so credited to the
University of Washington bond retirement fund shall be used for the
payment of principal of and interest on bonds outstanding as provided
by chapter 28B.20 RCW except for any sums transferred as authorized in
RCW 28B.20.725(5).
Sec. 2 RCW 28B.15.310 and 1985 c 390 s 22 are each amended to
read as follows:
Within thirty-five days from the date of collection thereof, all
building fees shall be paid ((into the state treasury)) and credited as
follows: To the Washington State University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in
the payments required to be made out of such bond retirement fund; and
the remainder thereof to the Washington State University building
account.
The sum so credited to the Washington State University building
account shall be expended by the board of regents for buildings,
equipment, or maintenance on the campus of Washington State University
as may be deemed most advisable and for the best interests of the
university, and for certificates of participation under chapter 39.94
RCW, except for any sums transferred as authorized by law.
Expenditures so made shall be accounted for in accordance with existing
law and shall not be expended until appropriated by the legislature.
The sum so credited to the Washington State University bond
retirement fund shall be used to pay and secure the payment of the
principal of and interest on building bonds issued by the university,
except for any sums which may be transferred out of such fund as
authorized by law.
Sec. 3 RCW 28B.20.720 and 1985 c 390 s 39 are each amended to
read as follows:
For the purpose of paying and securing the payment of the principal
of and interest on the bonds as the same shall become due, there is
created in the custody of the state treasurer a special trust fund to
be known as the University of Washington bond retirement fund. An
appropriation is not required for expenditures from the fund. There
shall be paid into the ((state treasury and credited to a special trust
fund to be known as the University of Washington bond retirement))
fund, the following:
(1) One-half of such building fees as the board may from time to
time determine, or such larger portion as may be necessary to prevent
default in the payments required to be made out of the bond retirement
fund((, and in no event shall such one-half be less than twelve dollars
and fifty cents per each resident student per quarter and less than
thirty-seven dollars and fifty cents per each nonresident student per
quarter));
(2) Any gifts, bequests, or grants which may be made, or may become
available, for the purpose of furthering the construction of any
authorized projects, or for the repayment of the costs thereof;
(3) Such additional funds as the legislature may provide.
((Said bond retirement fund shall be kept segregated from all
moneys in the state treasury and shall,)) While any ((of such)) bonds
issued in accordance with the provisions of this chapter or any
interest thereon remain((s)) unpaid, the bond retirement fund shall be
available solely for the payment thereof except as provided in RCW
28B.20.725(5). As a part of the contract of sale of such bonds, the
board undertakes to charge and collect building fees and to deposit the
portion of such fees in the bond retirement fund in amounts which will
be sufficient to pay the principal of, and interest on all such bonds
outstanding.
Sec. 4 RCW 28B.30.740 and 1985 c 390 s 44 are each amended to
read as follows:
For the purpose of paying and securing the payment of the principal
of and interest on the bonds as the same shall become due, there is
created in the custody of the state treasurer a special trust fund to
be known as the Washington State University bond retirement fund. An
appropriation is not required for expenditures from the fund. There
shall be paid into the ((state treasury and credited to a special trust
fund to be known as the Washington State University bond retirement
fund, which fund is hereby created in the state treasury)) fund, the
following:
(1) One-half of such building fees as the board may from time to
time determine, or such larger portion as may be necessary to prevent
default in the payments required to be made out of the bond retirement
fund;
(2) Any grants which may be made, or may become available, for the
purpose of furthering the construction of any authorized projects, or
for the repayment of the costs thereof;
(3) Such additional funds as the legislature may provide.
((Said bond retirement fund shall be kept segregated from all
moneys in the state treasury and shall,)) While any ((of such)) bonds
issued in accordance with the provisions of this chapter or any
interest thereon remain unpaid, the bond retirement fund shall be
available solely for the payment thereof except as provided in
((subdivision (5) of)) RCW 28B.30.750(5). As a part of the contract of
sale of such bonds, the board shall undertake to charge and collect
building fees and to deposit the portion of such fees in the bond
retirement fund in amounts which will be sufficient to pay the
principal of, and interest on all such bonds outstanding.
Sec. 5 RCW 28B.35.370 and 1991 sp.s. c 13 s 49 are each amended
to read as follows:
Within thirty-five days from the date of collection thereof all
building fees of each regional university and The Evergreen State
College shall be paid into the state treasury and these together with
such normal school fund revenues as provided in RCW 28B.35.751 as are
received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of trustees of
each regional university and The Evergreen State College, if issuing
bonds payable out of its building fees and above described normal
school fund revenues, shall certify to the state treasurer the amounts
required in the ensuing twelve months to pay and secure the payment of
the principal of and interest on such bonds. The amounts so certified
by each regional university and The Evergreen State College shall be a
prior lien and charge against all building fees and above described
normal school fund revenues of such institution. The state treasurer
shall thereupon deposit the amounts so certified in the Eastern
Washington University capital projects account, the Central Washington
University capital projects account, the Western Washington University
capital projects account, or The Evergreen State College capital
projects account respectively, which accounts are hereby created in the
state treasury. The amounts deposited in the respective capital
projects accounts shall be used ((exclusively)) to pay and secure the
payment of the principal of and interest on the building bonds issued
by such regional universities and The Evergreen State College as
authorized by law. If in any twelve month period it shall appear that
the amount certified by any such board of trustees is insufficient to
pay and secure the payment of the principal of and interest on the
outstanding building and above described normal school fund revenue
bonds of its institution, the state treasurer shall notify the board of
trustees and such board shall adjust its certificate so that all
requirements of moneys to pay and secure the payment of the principal
of and interest on all such bonds then outstanding shall be fully met
at all times.
(2) All normal school fund revenue pursuant to RCW 28B.35.751 shall
be deposited in the Eastern Washington University capital projects
account, the Central Washington University capital projects account,
the Western Washington University capital projects account, or The
Evergreen State College capital projects account respectively, which
accounts are hereby created in the state treasury. The sums deposited
in the respective capital projects accounts shall be appropriated and
expended ((exclusively)) to pay and secure the payment of the principal
of and interest on bonds payable out of the building fees and normal
school revenue and for the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of buildings
and other capital assets, and the acquisition of sites, rights-of-way,
easements, improvements or appurtenances in relation thereto except for
any sums transferred therefrom as authorized by law.
(3) Funds available in the respective capital projects accounts may
also be used for certificates of participation under chapter 39.94 RCW.
Sec. 6 RCW 28B.50.360 and 2005 c 488 s 922 are each amended to
read as follows:
Within thirty-five days from the date of start of each quarter all
collected building fees of each such community and technical college
shall be paid into the state treasury, and shall be credited as
follows:
(1) On or before June 30th of each year the college board if
issuing bonds payable out of building fees shall certify to the state
treasurer the amounts required in the ensuing twelve-month period to
pay and secure the payment of the principal of and interest on such
bonds. The state treasurer shall thereupon deposit the amounts so
certified in the community and technical college capital projects
account. Such amounts of the funds deposited in the community and
technical college capital projects account as are necessary to pay and
secure the payment of the principal of and interest on the building
bonds issued by the college board as authorized by this chapter shall
be ((exclusively)) devoted to that purpose. If in any twelve-month
period it shall appear that the amount certified by the college board
is insufficient to pay and secure the payment of the principal of and
interest on the outstanding building bonds, the state treasurer shall
notify the college board and such board shall adjust its certificate so
that all requirements of moneys to pay and secure the payment of the
principal and interest on all such bonds then outstanding shall be
fully met at all times.
(2) The community and technical college capital projects account is
hereby created in the state treasury. The sums deposited in the
capital projects account shall be appropriated and expended
((exclusively)) to pay and secure the payment of the principal of and
interest on bonds payable out of the building fees and for the
construction, reconstruction, erection, equipping, maintenance,
demolition and major alteration of buildings and other capital assets
owned by the state board for community and technical colleges in the
name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto,
engineering and architectural services provided by the department of
general administration, and for the payment of principal of and
interest on any bonds issued for such purposes.
(3) Funds available in the community and technical college capital
projects account may also be used for certificates of participation
under chapter 39.94 RCW.
Sec. 7 RCW 28B.20.715 and 1985 c 390 s 38 are each amended to
read as follows:
For the purpose of financing the cost of any projects, the board is
hereby authorized to adopt the resolution or resolutions and prepare
all other documents necessary for the issuance, sale and delivery of
the bonds or any part thereof at such time or times as it shall deem
necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of the University of Washington or of the
board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars;
and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university by the president of the
board, attested by the secretary of the board, have the seal of the
university impressed thereon or a facsimile of such seal printed or
lithographed in the bottom border thereof, and the coupons attached
thereto shall be signed with the facsimile signatures of such president
and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within
the series; and
(c) That, except as otherwise provided in subsection (8)(e) of this
section, the bond is payable both principal and interest solely out of
the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either
annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond
retirement fund;
(6) Shall be payable at such times over a period of not to exceed
forty years from date of issuance, at such place or places, and with
such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may
prescribe;
(8) Shall be issued under and subject to such terms, conditions and
covenants providing for the payment of the principal thereof and
interest thereon and such other terms, conditions, covenants and
protective provisions safeguarding such payment, not inconsistent with
this chapter, and as found to be necessary by the board for the most
advantageous sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide money
sufficient to pay the principal of and interest on all bonds payable
out of the bond retirement fund, to set aside and maintain the reserves
required to secure the payment of such principal and interest, and to
maintain any coverage which may be required over such principal and
interest;
(b) A covenant that a reserve account shall be created in the bond
retirement fund to secure the payment of the principal of and interest
on all bonds issued and a provision made that certain amounts be set
aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the
University of Washington building account to the bond retirement fund
when ordered by the board of regents in the event there is ever an
insufficient amount of money in the bond retirement fund to pay any
installment of interest or principal and interest coming due on the
bonds or any of them;
(d) A covenant fixing conditions under which bonds on a parity with
any bonds outstanding may be issued;
(e) A covenant to obligate, to pay the principal of or interest on
the bonds, all or a component of the fees and revenues of the
University of Washington that are not subject to appropriation by the
legislature and that do not constitute general state revenues as
defined in Article VIII, section 1 of the state Constitution or general
state revenues for the purpose of calculating statutory limits on state
indebtedness pursuant to RCW 39.42.060.
The proceeds of the sale of all bonds((, exclusive of accrued
interest which shall be deposited in the bond retirement fund, shall be
deposited in the state treasury to the credit of the University of
Washington building account and)) issued in accordance with this
chapter shall be used solely for paying the costs of the projects,
including costs of issuance and other financing costs.
Sec. 8 RCW 28B.20.735 and 1985 c 390 s 40 are each amended to
read as follows:
The bonds authorized to be issued pursuant to the provisions of RCW
28B.20.700 through 28B.20.740 shall not be general obligations of the
state of Washington, but shall be limited obligation bonds payable only
from the special fund created for their payment ((derived from the
building fees)) as herein provided. The legislature may provide
additional means for raising money for the payment of interest and
principal of said bonds. RCW 28B.20.700 through 28B.20.740 shall not
be deemed to provide an exclusive method for such payment. The power
given to the legislature by this section to provide additional means
for raising money is permissive, and shall not in any way be construed
as a pledge of the general credit of the state of Washington.
Sec. 9 RCW 28B.30.730 and 2002 c 238 s 302 are each amended to
read as follows:
For the purpose of financing the cost of any projects, the board is
hereby authorized to adopt the resolution or resolutions and prepare
all other documents necessary for the issuance, sale and delivery of
the bonds or any part thereof at such time or times as it shall deem
necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of Washington State University or of the
board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars;
and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university by the president of the
board, attested by the secretary or the treasurer of the board, have
the seal of the university impressed thereon or a facsimile of such
seal printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile signatures
of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within
the series; and
(c) That, except as otherwise provided in subsection (8)(e) of this
section, the bond is payable both principal and interest solely out of
the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either
annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond
retirement fund;
(6) Shall be payable at such times over a period of not to exceed
forty years from date of issuance, at such place or places, and with
such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may
prescribe;
(8) Shall be issued under and subject to such terms, conditions and
covenants providing for the payment of the principal thereof and
interest thereon and such other terms, conditions, covenants and
protective provisions safeguarding such payment, not inconsistent with
RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the
board for the most advantageous sale thereof, which may include but not
be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide money
sufficient to pay the principal of and interest on all bonds payable
out of the bond retirement account, to set aside and maintain the
reserves required to secure the payment of such principal and interest,
and to maintain any coverage which may be required over such principal
and interest;
(b) A covenant that a reserve account shall be created in the bond
retirement fund to secure the payment of the principal of and interest
on all bonds issued and a provision made that certain amounts be set
aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the
Washington State University building account to the bond retirement
account when ordered by the board of regents in the event there is ever
an insufficient amount of money in the bond retirement account to pay
any installment of interest or principal and interest coming due on the
bonds or any of them;
(d) A covenant fixing conditions under which bonds on a parity with
any bonds outstanding may be issued;
(e) A covenant to obligate, to pay the principal of or interest on
the bonds, all or a component of the fees and revenues of Washington
State University that are not subject to appropriation by the
legislature and that do not constitute general state revenues as
defined in Article VIII, section 1 of the state Constitution or general
state revenues for the purpose of calculating statutory limits on state
indebtedness pursuant to RCW 39.42.060.
The proceeds of the sale of all bonds ((shall be deposited in the
state treasury to the credit of the Washington State University
building account and)) issued in accordance with this chapter shall be
used solely for paying the costs of the projects, including costs of
issuance and other financing costs. The Washington State University
building account shall be credited with the investment income derived
pursuant to RCW 43.84.080 on the investable balances of scientific
permanent fund and agricultural permanent fund, less the allocation to
the state treasurer's service fund pursuant to RCW 43.08.190. ((During
the 2001-2003 fiscal biennium, the legislature may transfer from the
Washington State University building account to the state general fund
such amounts as reflect the excess fund balance of the account.))"
ESHB 2254 -
By Senators Fraser, Brandland
ADOPTED 04/24/2009
On page 1, line 2 of the title, after "universities;" strike the remainder of the title and insert "and amending RCW 28B.15.210, 28B.15.310, 28B.20.720, 28B.30.740, 28B.35.370, 28B.50.360, 28B.20.715, 28B.20.735, and 28B.30.730."