Sec. 2. RCW 71A.20.170 and 2011 1st sp.s. c 30 s 12 are each amended to read as follows:Developmental disabilities community trust account—Creation—Required deposits—Permitted withdrawals.
(1) The developmental disabilities community trust account is created in the state treasury. All net proceeds from the use of excess, underutilized, or vacated property identified in the 2002 joint legislative audit and review committee capital study or other studies of the division of developmental disabilities department of social and health services regarding residential habilitation centers that would not impact current residential habilitation center operations must be deposited into the account.
(2) Proceeds may come from the lease or sale of the land, conservation easements, or sale of timber, or other activities short of sale of the property, except as permitted under section 7 of this act.
(3) "Excess property" includes that portion of the property at Rainier school previously under the cognizance and control of Washington State University for use as a dairy/forage research facility.
(4) Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. For purposes of this section, "investment income" includes lease payments, rent payments, payments from sale of property or timber, or other periodic payments deposited into the trust account. Property and trust management services must be paid from the investment portion of the trust for the purpose of maximizing income for the trust. For purposes of this section, "principal" is the actual excess land from which proceeds are assigned to the trust account.
(5) Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively to provide family support and/or employment/day services to eligible persons with developmental disabilities who can be served by community-based developmental disability services. It is the intent of the legislature that the account should benefit eligible persons with intellectual and developmental disabilities who need community supports through grants, projects, or other means that increase community capacity and workforce.
(6) Trust account proceeds and investment income may not be used to replace, supplant, or reduce existing appropriations.
(6) (7) The account shall be known as the Dan Thompson memorial developmental disabilities community trust account.
2011 1st sp.s. c 30 § 12; 2008 c 265 § 1; 2005 c 353 § 1.
*Reviser's note: Section 7 of this act was vetoed by the governor.
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective dates—2005 c 353: "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 immediately [May 10, 2005], except for section 3 of this act which takes effect July 1, 2005, and section 4 of this act which takes effect July 1, 2006." [2005 c 353 § 7.]