Passed by the Senate March 16, 2010 YEAS 41   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 19, 2010 YEAS 92   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6572 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 29, 2010, 2:52 p.m., with
the exception of Section 2 which is
vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 30, 2010 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/04/10.
AN ACT Relating to eliminating accounts; amending RCW 43.105.805, 43.110.080, 28A.650.035, 28B.135.040, 28B.135.010, and 43.79A.040; reenacting and amending RCW 43.84.092; creating new sections; repealing RCW 28B.20.468, 28B.20.470, 28B.30.275, 28B.120.050, 39.35C.100, 41.05.510, 43.72.906, 43.99I.100, 43.99I.110, 43.99J.080, 43.105.830, 43.110.090, 47.01.310, 47.26.325, 47.26.330, 50.65.150, and 73.40.060; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.105.805 and 1999 c 285 s 3 are each amended to read
as follows:
The K-20 board has the following powers and duties:
(1) In cooperation with the educational sectors and other
interested parties, to establish goals and measurable objectives for
the network;
(2) To ensure that the goals and measurable objectives of the
network are the basis for any decisions or recommendations regarding
the technical development and operation of the network;
(3) To adopt, modify, and implement policies to facilitate network
development, operation, and expansion. Such policies may include but
need not be limited to the following issues: Quality of educational
services; access to the network by recognized organizations and
accredited institutions that deliver educational programming, including
public libraries; prioritization of programming within limited
resources; prioritization of access to the system and the sharing of
technological advances; network security; identification and evaluation
of emerging technologies for delivery of educational programs; future
expansion or redirection of the system; network fee structures; and
costs for the development and operation of the network;
(4) To prepare and submit to the governor and the legislature a
coordinated budget for network development, operation, and expansion.
The budget shall include the recommendations of the K-20 board on (a)
any state funding requested for network transport and equipment,
distance education facilities and hardware or software specific to the
use of the network, and proposed new network end sites, (b) annual
copayments to be charged to public educational sector institutions and
other public entities connected to the network, and (c) charges to
nongovernmental entities connected to the network;
(5) To adopt and monitor the implementation of a methodology to
evaluate the effectiveness of the network in achieving the educational
goals and measurable objectives;
(6) ((To authorize the release of funds from the K-20 technology
account under RCW 43.105.830 for network expenditures;)) To establish by rule acceptable use policies governing user
eligibility for participation in the K-20 network, acceptable uses of
network resources, and procedures for enforcement of such policies.
The K-20 board shall set forth appropriate procedures for enforcement
of acceptable use policies, that may include suspension of network
connections and removal of shared equipment for violations of network
conditions or policies. However, the information services board shall
have sole responsibility for the implementation of enforcement
procedures relating to technical conditions of use.
(7)
*Sec. 2 RCW 43.110.080 and 2006 c 328 s 1 are each amended to read
as follows:
(1) The municipal research council shall contract for the provision
of research and services to special purpose districts. A contract
shall be made with a state agency, educational institution, or private
consulting firm, that in the judgment of council members is qualified
to provide such research and services.
(2) Research and services to special purpose districts shall
consist of: (a) Studying and researching issues relating to special
purpose district government; (b) acquiring, preparing, and distributing
publications related to special purpose districts; and (c) furnishing
legal, technical, consultative, and field services to special purpose
districts concerning issues relating to special purpose district
government.
(3) The activities, programs, and services of the municipal
research council to special purpose districts shall be carried on in
cooperation with the associations representing the various special
purpose districts. ((Services to special purpose districts shall be
based upon the moneys appropriated to the municipal research council
from the special purpose district research services account under RCW
43.110.090.))
*Sec. 2 was vetoed. See message at end of chapter.
Sec. 3 RCW 28A.650.035 and 1993 c 336 s 708 are each amended to
read as follows:
(((1))) The superintendent of public instruction may receive such
gifts, grants, and endowments from public or private sources as may be
made from time to time, in trust or otherwise, for the use and benefit
of the purposes of educational technology and expend the same or any
income therefrom according to the terms of the gifts, grants, or
endowments.
(((2) The education technology account is hereby established in the
custody of the state treasurer. The superintendent of public
instruction shall deposit in the account all moneys received from
gifts, grants, or endowments for education technology. Moneys in the
account may be spent only for education technology. Disbursements from
the account shall be on authorization of the superintendent of public
instruction or the superintendent's designee. The account is subject
to the allotment procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements.))
Sec. 4 RCW 28B.135.040 and 1999 c 375 s 4 are each amended to
read as follows:
((Two accounts for)) The four-year student child care in higher
education ((are)) account is established in the custody of the state
treasurer. Moneys in the account((s)) may be spent only for the
purposes of RCW 28B.135.010. Disbursements from ((one of)) the
account((s)) shall be on the authorization of the higher education
coordinating board ((and disbursements from the other account shall be
on the authorization of the state board for community and technical
colleges)). The ((accounts are)) account is subject to the allotment
procedures under chapter 43.88 RCW, but no appropriation is required
for disbursements.
Sec. 5 RCW 28B.135.010 and 2008 c 162 s 2 are each amended to
read as follows:
((Two Washington accounts for)) The four-year student child care in
higher education ((are)) account is established. The higher education
coordinating board shall administer the program for the four-year
institutions of higher education ((and the state board for community
and technical colleges shall administer the program for the two-year
institutions of higher education)). Through these programs the
board((s)) shall award either competitive or matching child care grants
to state institutions of higher education to encourage programs to
address the need for high quality, accessible, and affordable child
care for students at higher education institutions. The grants shall
be used exclusively for the provision of quality child care services
for students at institutions of higher education. The university or
college administration and student government association, or its
equivalent, of each institution receiving the award may contribute
financial support in an amount equal to or greater than the child care
grant received by the institution.
Sec. 6 RCW 43.79A.040 and 2009 c 87 s 4 are each 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 toll collection
account, the developmental disabilities endowment trust fund, the
energy account, the fair fund, the family leave insurance account, the
food animal veterinarian conditional scholarship account, the fruit and
vegetable inspection account, the future teachers conditional
scholarship account, the game farm alternative 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 pilotage 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 and breeder awards 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, the
reduced cigarette ignition propensity 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.
Sec. 7 RCW 43.84.092 and 2009 c 479 s 31, 2009 c 472 s 5, and
2009 c 451 s 8 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:
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 aeronautics account, the aircraft search
and rescue account, the budget stabilization account, 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 cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, 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 licensing
services account, the department of retirement systems expense account,
the developmental disabilities community trust 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 education legacy trust account, the election
account, the energy freedom account, the energy recovery act account,
the essential rail assistance account, The Evergreen State College
capital projects account, the federal forest revolving account, the
ferry bond retirement fund, the freight congestion relief account, the
freight mobility investment account, the freight mobility multimodal
account, the grade crossing protective fund, the public health services
account, the health system capacity account, ((the personal health
services account,)) the high capacity transportation account, the state
higher education construction account, the higher education
construction account, the highway bond retirement fund, the highway
infrastructure account, the highway safety account, the high occupancy
toll lanes operations 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 motor vehicle fund, the
motorcycle safety education account, 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 pension funding
stabilization 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
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural Washington
loan fund, the site closure account, the small city pavement and
sidewalk account, the special category C 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 state
patrol highway account, the state route number 520 corridor account,
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 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the urban arterial trust
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, ((the Washington fruit express
account,)) the Washington judicial retirement system account, the
Washington law enforcement officers' and firefighters' system plan 1
retirement account, the Washington law enforcement officers' and
firefighters' 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) shall first be reduced by the
allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(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. 8 The following acts or parts of acts are each
repealed:
(1) RCW 28B.20.468 (Warren G. Magnuson institute -- Trust fund) and
1991 sp.s. c 13 s 106 & 1990 c 282 s 4;
(2) RCW 28B.20.470 (Warren G. Magnuson institute -- State matching
funds) and 1990 c 282 s 5;
(3) RCW 28B.30.275 (State treasurer receiving agent of certain
federal aid -- Morrill Fund) and 1969 ex.s. c 223 s 28B.30.275;
(4) RCW 28B.120.050 (Community and technical college fund for
innovation and quality) and 1999 c 169 s 8;
(5) RCW 39.35C.100 (Energy efficiency construction account) and
1996 c 186 s 414 & 1991 c 201 s 11;
(6) RCW 41.05.510 (Prescription drug purchasing account) and 2003
1st sp.s. c 29 s 4;
(7) RCW 43.72.906 (Personal health services account) and 1993 c 492
s 472;
(8) RCW 43.99I.100 (Data processing building construction account)
and 1992 c 235 s 7;
(9) RCW 43.99I.110 (Dairy products commission facility account) and
1992 c 235 s 8;
(10) RCW 43.99J.080 (Fruit commission facility account) and 1993
sp.s. c 12 s 6;
(11) RCW 43.105.830 (K-20 technology account) and 2004 c 276 s 909,
1999 c 285 s 9, 1997 c 180 s 2, & 1996 c 137 s 7;
(12) RCW 43.110.090 (Special purpose district research services
account) and 2006 c 328 s 2;
(13) RCW 47.01.310 (Washington fruit express account) and 2001 2nd
sp.s. c 14 s 606;
(14) RCW 47.26.325 (Advance right-of-way acquisition -- Revolving
fund) and 2001 c 201 s 2;
(15) RCW 47.26.330 (Advance right-of-way acquisition -- Management of
properties and funds) and 2001 c 201 s 3;
(16) RCW 50.65.150 (Washington service corps scholarship account -- Created -- Use) and 1993 c 302 s 5; and
(17) RCW 73.40.060 (National World War II memorial account) and
2000 c 12 s 2.
NEW SECTION. Sec. 9 The funds remaining in the school
construction revolving fund created in section 311(2), chapter 116,
Laws of 1990 1st ex. sess. (uncodified) and the employment and training
trust fund repealed by section 19, chapter 226, Laws of 1993 on the
effective date of this section shall be transferred by the state
treasurer to the state general fund.
NEW SECTION. Sec. 10 Any residual balance of funds remaining in
any account eliminated in this act on the effective date of this
section shall be transferred by the state treasurer to the state
general fund.
NEW SECTION. Sec. 11 This act takes effect July 1, 2010.