Passed by the Senate March 7, 2011 YEAS 49   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 6, 2011 YEAS 94   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 SENATE BILL 5482 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 18, 2011, 2:37 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 19, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/26/11. Referred to Committee on Financial Institutions, Housing & Insurance.
AN ACT Relating to authorizing existing funding to house victims of human trafficking and their families; and amending RCW 36.22.178, 36.22.179, and 36.22.1791.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.22.178 and 2007 c 427 s 1 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection,
administration, and local distribution of these funds. Of the
remaining funds, forty percent of the revenue generated through this
surcharge will be transmitted monthly to the state treasurer who will
deposit the funds into the affordable housing for all account created
in RCW 43.185C.190. The department of ((community, trade, and economic
development)) commerce must use these funds to provide housing and
shelter for extremely low-income households, including but not limited
to housing for victims of human trafficking and their families and
grants for building operation and maintenance costs of housing projects
or units within housing projects that are affordable to extremely low-income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income to cover
ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be
retained by the county and be deposited into a fund that must be used
by the county and its cities and towns for eligible housing activities
as described in this subsection that serve very low-income households
with incomes at or below fifty percent of the area median income. The
portion of the surcharge retained by a county shall be allocated to
eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county
according to an interlocal agreement between the county and the cities
within the county consistent with countywide and local housing needs
and policies. A priority must be given to eligible housing activities
that serve extremely low-income households with incomes at or below
thirty percent of the area median income. Eligible housing activities
to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income households with incomes at or below fifty percent of the
area median income, including units for homeownership, rental units,
seasonal and permanent farm worker housing units, units reserved for
victims of human trafficking and their families, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects eligible to receive housing
trust funds, that are affordable to very low-income households with
incomes at or below fifty percent of the area median income, and that
require a supplement to rent income to cover ongoing operating
expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or below fifty
percent of the area median income, including rental housing vouchers
for victims of human trafficking and their families, to be administered
by a local public housing authority or other local organization that
has an existing rental assistance voucher program, consistent with or
similar to the United States department of housing and urban
development's section 8 rental assistance voucher program standards;
and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 2 RCW 36.22.179 and 2009 c 462 s 1 are each amended to read
as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178, and
except as provided in subsection (2) of this section, an additional
surcharge of ten dollars shall be charged by the county auditor for
each document recorded, which will be in addition to any other charge
allowed by law. During the 2009-11 and 2011-13 biennia, the surcharge
shall be thirty dollars. The funds collected pursuant to this section
are to be distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee,
and of the remainder shall remit sixty percent to the county to be
deposited into a fund that must be used by the county and its cities
and towns to accomplish the purposes of chapter 484, Laws of 2005, six
percent of which may be used by the county for administrative costs
related to its homeless housing plan, and the remainder for programs
which directly accomplish the goals of the county's local homeless
housing plan, except that for each city in the county which elects as
authorized in RCW 43.185C.080 to operate its own local homeless housing
program, a percentage of the surcharge assessed under this section
equal to the percentage of the city's local portion of the real estate
excise tax collected by the county shall be transmitted at least
quarterly to the city treasurer, without any deduction for county
administrative costs, for use by the city for program costs which
directly contribute to the goals of the city's local homeless housing
plan; of the funds received by the city, it may use six percent for
administrative costs for its homeless housing program.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use twelve and one-half percent of this amount for
administration of the program established in RCW 43.185C.020, including
the costs of creating the statewide homeless housing strategic plan,
measuring performance, providing technical assistance to local
governments, and managing the homeless housing grant program. The
remaining eighty-seven and one-half percent is to be used by the
department to:
(i) 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; grants and vouchers designated for victims of human
trafficking and their families; and emergency shelter assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply to (a)
assignments or substitutions of previously recorded deeds of trust, or
(b) documents recording a birth, marriage, divorce, or death or any
documents otherwise exempted from a recording fee under state law.
Sec. 3 RCW 36.22.1791 and 2007 c 427 s 5 are each amended to read
as follows:
(1) In addition to the surcharges authorized in RCW 36.22.178 and
36.22.179, and except as provided in subsection (2) of this section,
the county auditor shall charge an additional surcharge of eight
dollars for each document recorded, which is in addition to any other
charge allowed by law. The funds collected under this section are to
be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to be
deposited into a fund six percent of which may be used by the county
for administrative costs related to its homeless housing plan, and the
remainder for programs that directly accomplish the goals of the
county's local homeless housing plan, except that for each city in the
county that elects, as authorized in RCW 43.185C.080, to operate its
own local homeless housing program, a percentage of the surcharge
assessed under this section equal to the percentage of the city's local
portion of the real estate excise tax collected by the county must be
transmitted at least quarterly to the city treasurer for use by the
city
for program costs that directly contribute to the goals of the
city's local homeless housing plan.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use the funds for administering the program established
in RCW 43.185C.020, including the costs of creating and updating the
statewide homeless housing strategic plan, measuring performance,
providing technical assistance to local governments, and managing the
homeless housing grant program. Remaining funds may also be used to:
(i) 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; grants and vouchers designated for victims of human
trafficking and their families; and emergency shelter assistance; and
(ii) Fund the homeless housing grant program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.