BILL REQ. #:  Z-0365.1 

Read first time 01/26/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to creating the office of forecast councils; amending RCW 82.33.010, 82.33.020, 82.33.030, 43.88C.010, 43.88C.020, 43.88.120, 70.94.431, 70.94.483, and 41.06.087; adding a new chapter to Title 43 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
     (1) "Caseload," as used in this chapter, means the number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care; medical assistance, foster care, and adoption support.
     (2) "Director" means the director of the office of forecast councils; and
     (3) "Office" means the office of forecast councils.

NEW SECTION.  Sec. 2   (1) There is created the office of forecast councils. The economic and revenue forecast council is created within the office of forecast councils. The caseload forecast council is created within the office of forecast councils.
     (2) The office is headed by a director appointed by the economic and revenue forecast council and the caseload forecast council. The chairs of the two councils shall develop a process for the selection of the director. Approval by an affirmative vote of at least five members of each council is required for any decisions regarding employment of the director. The director must be employed for a term of three years. At the end of the first year of each three-year term the councils shall consider extension of the director's term by one year. The supervisor of the economic and revenue forecast council serves as the first director for the office beginning July 1, 2011, for the remainder of his or her original term. The council may fix the compensation of the director.
     (3) The director may employ staff as necessary to perform the duties imposed by this chapter and to perform the duties necessary to support the work of the economic and revenue forecast council and the caseload forecast council.

Sec. 3   RCW 82.33.010 and 1990 c 229 s 1 are each amended to read as follows:
     (1) The economic and revenue forecast council is hereby created within the office of forecast councils. The economic and revenue forecast council ((shall)) consists of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the economic and revenue forecast council ((shall)) must be selected from among the four caucus appointees. The economic and revenue forecast council may select such other officers as the members deem necessary.
     (2) The ((council)) director shall ((employ an economic and revenue forecast supervisor to)) supervise the preparation of all economic and revenue forecasts. ((As used in this chapter, "supervisor" means the economic and revenue forecast supervisor. Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.))
     (3) The economic and revenue forecast council ((shall)) oversees the preparation of and approve, by an affirmative vote of at least four members, the official, optimistic, and pessimistic state economic and revenue forecasts prepared under RCW 82.33.020 (as recodified by this act). If the economic and revenue forecast council is unable to approve a forecast before a date required in RCW 82.33.020 (as recodified by this act), the ((supervisor)) director shall submit the forecast without approval and the forecast ((shall have)) has the same effect as if approved by the economic and revenue forecast council.
     (4) ((A)) An economic and revenue forecast council member who does not cast an affirmative vote for approval of the official economic and revenue forecast may request, and the ((supervisor)) director shall provide, an alternative economic and revenue forecast based on assumptions specified by the member.
     (5) Members of the economic and revenue forecast council ((shall)) serve without additional compensation but ((shall)) must be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the economic and revenue forecast council or on official business authorized by the economic and revenue forecast council. Nonlegislative members of the economic and revenue forecast council ((shall)) must be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 4   RCW 82.33.020 and 2005 c 319 s 137 are each amended to read as follows:
     (1) Four times each year the ((supervisor)) director shall prepare, subject to the approval of the economic and revenue forecast council under RCW 82.33.010 (as recodified by this act):
     (a) An official state economic and revenue forecast;
     (b) An unofficial state economic and revenue forecast based on optimistic economic and revenue projections; and
     (c) An unofficial state economic and revenue forecast based on pessimistic economic and revenue projections.
     (2) The ((supervisor)) director shall submit forecasts prepared under this section, along with any unofficial forecasts provided under RCW 82.33.010 (as recodified by this act), to the governor and the members of the committees on ways and means and the chairs of the committees on transportation of the senate and house of representatives, including one copy to the staff of each of the committees, on or before November 20th, February 20th in the even-numbered years, March 20th in the odd-numbered years, June 20th, and September 20th. In addition, the director shall submit an unofficial, preliminary state revenue forecast on or around February 6th in even-numbered years, March 6th in odd-numbered years, and November 6th in each year. All forecasts ((shall)) must include both estimated receipts and estimated revenues in conformance with generally accepted accounting principles as provided by RCW 43.88.037.
     (3) All agencies of state government shall provide to the ((supervisor)) director immediate access to all information relating to economic and revenue forecasts. Revenue collection information ((shall)) must be available to the ((supervisor)) director the first business day following the conclusion of each collection period.
     (4) The economic and revenue forecast ((supervisor)) director and staff shall ((co-locate and)) share information, data, and files with the tax research section of the department of revenue but ((shall)) may not duplicate the duties and functions of one another.
     (5) As part of its forecasts under subsection (1) of this section, the ((supervisor)) director shall provide estimated revenue from tuition fees as defined in RCW 28B.15.020.

Sec. 5   RCW 82.33.030 and 1984 c 138 s 3 are each amended to read as follows:
     The administrator of the legislative evaluation and accountability program committee may request, and the ((supervisor)) director shall provide, alternative economic and revenue forecasts based on assumptions specified by the administrator.

Sec. 6   RCW 43.88C.010 and 2000 c 90 s 1 are each amended to read as follows:
     (1) The caseload forecast council is hereby created. The caseload forecast council ((shall)) consists of two individuals appointed by the governor and four individuals, one of whom is appointed by the chairperson of each of the two largest political caucuses in the senate and house of representatives. The chair of the caseload forecast council ((shall)) must be selected from among the four caucus appointees. The caseload forecast council may select such other officers as the members deem necessary.
     (2) The ((council)) director shall ((employ a caseload forecast supervisor to)) supervise the preparation of all caseload forecasts. ((As used in this chapter, "supervisor" means the caseload forecast supervisor.
     (3) Approval by an affirmative vote of at least five members of the council is required for any decisions regarding employment of the supervisor. Employment of the supervisor shall terminate after each term of three years. At the end of the first year of each three-year term the council shall consider extension of the supervisor's term by one year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
     (4))) (3) The caseload forecast council ((shall)) oversees the preparation of and approves, by an affirmative vote of at least four members, the official state caseload forecasts prepared under RCW 43.88C.020 (as recodified by this act). If the caseload forecast council is unable to approve a forecast before a date required in RCW 43.88C.020 (as recodified by this act), the ((supervisor)) director shall submit the forecast without approval and the forecast ((shall have)) has the same effect as if approved by the caseload forecast council.
     (((5))) (4) A caseload forecast council member who does not cast an affirmative vote for approval of the official caseload forecast may request, and the ((supervisor)) director shall provide, an alternative forecast based on assumptions specified by the member.
     (((6))) (5) Members of the caseload forecast council ((shall)) serve without additional compensation but ((shall)) must be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the caseload forecast council or on official business authorized by the caseload forecast council. Nonlegislative members of the council ((shall)) must be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (((7) "Caseload," as used in this chapter, means the number of persons expected to meet entitlement requirements and require the services of public assistance programs, state correctional institutions, state correctional noninstitutional supervision, state institutions for juvenile offenders, the common school system, long-term care, medical assistance, foster care, and adoption support.
     (8) Unless the context clearly requires otherwise, the definitions provided in RCW 43.88.020 apply to this chapter.))

Sec. 7   RCW 43.88C.020 and 1997 c 168 s 2 are each amended to read as follows:
     (1) In consultation with the caseload forecast work group established under RCW 43.88C.030 (as recodified by this act), and subject to the approval of the caseload forecast council under RCW 43.88C.010 (as recodified by this act), the ((supervisor)) director shall prepare:
     (a) An official state caseload forecast; and
     (b) Other caseload forecasts based on alternative assumptions as the council may determine.
     (2) The ((supervisor)) director shall submit caseload forecasts prepared under this section, along with any unofficial forecasts provided under RCW 43.88C.010 (as recodified by this act), to the governor and the members of the legislative fiscal committees, including one copy to the staff of each of the committees. The forecasts ((shall)) must be submitted at least three times each year and on such dates as the caseload forecast council determines will facilitate the development of budget proposals by the governor and the legislature.
     (3) All agencies of state government shall provide to the ((supervisor)) director immediate access to all information relating to caseload forecasts.
     (4) The administrator of the legislative evaluation and accountability program committee may request, and the ((supervisor)) director shall provide, alternative caseload forecasts based on assumptions specified by the administrator.
     (5) The official state caseload forecast under this section ((shall)) must be the basis of the governor's budget document as provided in RCW 43.88.030 and utilized by the legislature in the development of the omnibus biennial appropriations act.

Sec. 8   RCW 43.88.120 and 2000 2nd sp.s. c 4 s 13 are each amended to read as follows:
     (1) Each agency engaged in the collection of revenues shall prepare estimated revenues and estimated receipts for the current and ensuing biennium and shall submit the estimates to the director of financial management and the director of revenue at times and in the form specified by the directors, along with any other information which the directors may request. ((For those agencies required to develop six-year programs and financial plans under RCW 44.40.070, six-year revenue estimates shall be submitted to the director of financial management and the transportation committees of the senate and the house of representatives unless the responsibility for reporting these revenue estimates is assumed elsewhere.))
     (2) A copy of such revenue estimates ((shall)) must be simultaneously submitted to the economic and revenue forecast work group when required by ((the office of)) the economic and revenue forecast council.

Sec. 9   RCW 70.94.431 and 1995 c 403 s 630 are each amended to read as follows:
     (1)(a) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, and in addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 RCW, chapter 70.120 RCW, or any of the rules in force under such chapters may incur a civil penalty in an amount not to exceed ten thousand dollars per day for each violation. Each such violation ((shall be)) is a separate and distinct offense, and in case of a continuing violation, each day's continuance ((shall be)) is a separate and distinct violation.
     (b) Any person who fails to take action as specified by an order issued pursuant to this chapter ((shall be)) is liable for a civil penalty of not more than ten thousand dollars for each day of continued noncompliance.
     (2)(a) Penalties incurred but not paid ((shall)) accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest ((shall)) does not begin to accrue until the thirty-first day following final resolution of the appeal.
     (b) The maximum penalty amounts established in this section may be increased annually to account for inflation as determined by ((the state office of)) the economic and revenue forecast council.
     (3) Each act of commission or omission which procures, aids or abets in the violation ((shall be)) is considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section ((shall be)) are imposed pursuant to RCW 43.21B.300.
     (4) All penalties recovered under this section by the department ((shall)) must be paid into the state treasury and credited to the air pollution control account established in RCW 70.94.015 or, if recovered by the authority, ((shall)) must be paid into the treasury of the authority and credited to its funds. If a prior penalty for the same violation has been paid to a local authority, the penalty imposed by the department under subsection (1) of this section ((shall)) must be reduced by the amount of the payment.
     (5) To secure the penalty incurred under this section, the state or the authority ((shall)) will have a lien on any vessel used or operated in violation of this chapter which ((shall be)) is enforced as provided in RCW 60.36.050.
     (6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality related activities or not, may have such grants rescinded or withheld by the department for failure to comply with provisions of this chapter.
     (7) In addition to other penalties provided by this chapter, persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.
     (8) By January 1, 1992, the department ((shall)) must develop rules for excusing excess emissions from enforcement action if such excess emissions are unavoidable. The rules ((shall)) must specify the criteria and procedures for the department and local air authorities to determine whether a period of excess emissions is excusable in accordance with the state implementation plan.

Sec. 10   RCW 70.94.483 and 2003 1st sp.s. c 25 s 932 are each amended to read as follows:
     (1) The wood stove education and enforcement account is hereby created in the state treasury. Money placed in the account ((shall)) must include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account ((shall)) must be spent for the purposes of the wood stove education program established under RCW 70.94.480 and for enforcement of the wood stove program, and ((shall be)) is subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the wood stove education and enforcement account to the air pollution control account such amounts as specified in the omnibus operating budget bill.
     (2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device after January 1, 1992. The fee ((shall be)) is imposed upon the consumer and ((shall)) is not ((be)) subject to the retail sales tax provisions of chapters 82.08 and 82.12 RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the ((state office of the)) economic and revenue forecast council. The fee ((shall)) must be collected by the department of revenue in conjunction with the retail sales tax under chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter 82.08 RCW, the seller ((shall be)) is personally liable to the state for the amount of the fee. The collection provisions of chapter 82.32 RCW ((shall)) apply. The department of revenue shall deposit fees collected under this section in the wood stove education and enforcement account.

Sec. 11   RCW 41.06.087 and 1997 c 168 s 4 are each amended to read as follows:
     In addition to the exemptions set forth in RCW 41.06.070, this chapter does not apply to the ((economic and revenue forecast supervisor and staff employed)) director of the office of forecast councils employed under ((RCW 82.33.010 or the caseload forecast supervisor and staff employed under RCW 43.88C.010)) section 2 of this act.

NEW SECTION.  Sec. 12   (1) The economic and revenue forecast council is transferred to the office of forecast councils.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the economic and revenue forecast council shall be delivered to the custody of the office of forecast councils. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the economic and revenue forecast council shall be made available to the office of forecast councils. All funds, credits, or other assets held by the economic and revenue forecast council shall be assigned to the office of forecast councils.
     (b) Any appropriations made to the economic and revenue forecast council shall, on the effective date of this section, be transferred and credited to the office of forecast councils.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the economic and revenue forecast council are transferred to the jurisdiction of the office of forecast councils. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of forecast councils to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the economic and revenue forecast council shall be continued and acted upon by the office of forecast councils. All existing contracts and obligations shall remain in full force and shall be performed by the office of forecast councils.
     (5) The transfer of the powers, duties, functions, and personnel of the economic and revenue forecast council shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION.  Sec. 13   (1) The caseload forecast council is transferred to the office of forecast councils.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the caseload forecast council shall be delivered to the custody of the office of forecast councils. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the caseload forecast council shall be made available to the office of forecast councils. All funds, credits, or other assets held by the caseload forecast council shall be assigned to the office of forecast councils.
     (b) Any appropriations made to the caseload forecast council shall, on the effective date of this section, be transferred and credited to the office of forecast councils.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the caseload forecast council are transferred to the jurisdiction of the office of forecast councils. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of forecast councils to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the caseload forecast council shall be continued and acted upon by the office of forecast councils. All existing contracts and obligations shall remain in full force and shall be performed by the office of forecast councils.
     (5) The transfer of the powers, duties, functions, and personnel of the caseload forecast council shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION.  Sec. 14   Sections 1 and 2 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 15   All provisions of chapters 82.33 and 43.88C RCW are recodified in chapter 43.--- RCW (the new chapter created under section 14 of this act).

NEW SECTION.  Sec. 16   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 July 1, 2011.