BILL REQ. #:  H-0891.2 

Read first time 02/01/11.   Referred to Committee on Community Development & Housing.

     AN ACT Relating to a surcharge for very low-income and homeless housing assistance; amending RCW 43.185C.190 and 43.185C.060; reenacting and amending RCW 43.185C.010; and adding a new section to chapter 36.22 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.22 RCW to read as follows:
     The county auditor shall charge a surcharge of forty-eight dollars for each document recorded, which is in addition to any other charge allowed by law. The surcharge in this section applies only to assignments or substitutions of previously recorded deeds of trust. The funds collected under this section are to be distributed and used as follows:
     (1) The auditor shall retain two percent for collection of the fee.
     (2) The auditor shall remit, on a monthly basis, forty-nine percent to the state treasurer for deposit in the affordable housing for all account created in RCW 43.185C.190 to be used solely by the department of commerce to support building operation and maintenance costs of housing projects or units within housing projects that: (a) Are eligible to receive housing trust funds; (b) are affordable to very low-income households with incomes at or below fifty percent of the area median income; and (c) require a supplement to rent income to cover ongoing operating expenses.
     (3) The auditor shall remit, on a monthly basis, forty-nine percent to the state treasurer for deposit in the home security fund account created in RCW 43.185C.060 to be used by the department of commerce to: (a) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; and emergency shelter assistance; and (b) fund the homeless housing grant program defined in RCW 43.185C.010.

Sec. 2   RCW 43.185C.190 and 2007 c 427 s 2 are each amended to read as follows:
     The affordable housing for all account is created in the state treasury, subject to appropriation. The state's portion of the surcharges established in RCW 36.22.178 ((shall)) and section 1(2) of this act must be deposited in the account. Expenditures from the account may only be used for affordable housing programs.

Sec. 3   RCW 43.185C.060 and 2007 c 427 s 6 are each amended to read as follows:
     The home security fund account is created in the state treasury, subject to appropriation. The state's portion of the surcharge established in RCW 36.22.179 ((and)), 36.22.1791, and section 1(3) of this act must be deposited in the account. Expenditures from the account may be used only for homeless housing programs as described in this chapter.

Sec. 4   RCW 43.185C.010 and 2009 c 565 s 40 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964.
     (2) "Department" means the department of commerce.
     (3) "Director" means the director of the department of commerce.
     (4) "Home security fund account" means the state treasury account receiving the state's portion of income from revenue from the sources established by RCW 36.22.179, RCW 36.22.1791, section 1(3) of this act, and all other sources directed to the homeless housing and assistance program.
     (5) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the home security fund account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons.
     (6) "Homeless housing plan" means the ten-year plan developed by the county or other local government to address housing for homeless persons.
     (7) "Homeless housing program" means the program authorized under this chapter as administered by the department at the state level and by the local government or its designated subcontractor at the local level.
     (8) "Homeless housing strategic plan" means the ten-year plan developed by the department, in consultation with the interagency council on homelessness and the affordable housing advisory board.
     (9) "Homeless person" means an individual living outside or in a building not meant for human habitation or which they have no legal right to occupy, in an emergency shelter, or in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness, and sex offenders who are homeless.
     (10) "Housing authority" means any of the public corporations created by chapter 35.82 RCW.
     (11) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other.
     (12) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, policy level representatives of the following entities: (a) The department of commerce; (b) the department of corrections; (c) the department of social and health services; (d) the department of veterans affairs; and (e) the department of health.
     (13) "Local government" means a county government in the state of Washington or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for housing homeless persons within its borders.
     (14) "Local homeless housing task force" means a voluntary local committee created to advise a local government on the creation of a local homeless housing plan and participate in a local homeless housing program. It must include a representative of the county, a representative of the largest city located within the county, at least one homeless or formerly homeless person, such other members as may be required to maintain eligibility for federal funding related to housing programs and services and if feasible, a representative of a private nonprofit organization with experience in low-income housing.
     (15) "Long-term private or public housing" means subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years.
     (16) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.
     (17) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.
     (18) "Washington homeless client management information system" means a database of information about homeless individuals in the state used to coordinate resources to assist homeless clients to obtain and retain housing and reach greater levels of self-sufficiency or economic independence when appropriate, depending upon their individual situations.