S-1406               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3145

                        _______________________________________________

                                                                            C 311 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Ways and Means (originally sponsored by Senators Rasmussen and DeJarnatt; by State Treasurer request)

Read first time 2/5/85.

AN ACT Relating to distribution of forest reserve funds for schools or county roads; and amending RCW 28A.02.300 and 28A.02.310.

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

        Sec. 1.  Section 1, chapter 126, Laws of 1982 and RCW 28A.02.300 are each amended to read as follows:

          Of the moneys received by the state from the federal government in accordance with Title 16, section 500, United States Code, fifty percent shall be spent by the counties on public schools or public roads, and fifty percent shall be spent by the counties on public schools as provided in RCW 28A.02.310(2), or for any other purposes as now or hereafter authorized by federal law, in the counties in the United States forest reserve from which such moneys were received.  Where the reserve is situated in more than one county, the state treasurer shall determine the proportional area of the counties therein.  The state treasurer is authorized and required to obtain the necessary information to enable him to make that determination.

          The state treasurer shall distribute to the counties, according to the determined proportional area, the money to be spent by the counties.  The county legislative authority shall expend ((said money)) the fifty percent received by the county for the benefit of the public roads or public schools of the county, or for any other purposes as now or hereafter authorized by federal law.

        Sec. 2.  Section 2, chapter 126, Laws of 1982 and RCW 28A.02.310 are each amended to read as follows:

          (1) There shall be a fund known as the federal forest revolving fund.  The state treasurer, who shall be custodian of the revolving fund, shall deposit into the revolving fund ((fifty percent of)) the funds for each county received by the state in accordance with Title 16, section 500, United States Code.  The state treasurer shall distribute these moneys to the counties according to the determined proportional area.  The county legislative authority shall expend fifty percent of the money for the benefit of the public roads and other public purposes as authorized by federal statute or public schools of such county and not otherwise.  Disbursements ((from the revolving fund)) by the counties of the remaining fifty percent of the money shall be ((on authorization of)) as authorized by the superintendent of public instruction, or the superintendent's designee, and shall occur in the manner provided in subsection (2) of this section.  ((No appropriation is required to permit disbursement of moneys from the revolving fund.))

          (2) No later than thirty days following receipt of the funds from the federal government, the superintendent of public instruction shall apportion ((all)) moneys ((in the revolving fund)) distributed to counties for schools to public school districts in the respective counties in proportion to the number of full time equivalent students enrolled in each public school district to the number of full time equivalent students enrolled in public schools in the county.  In apportioning these funds, the superintendent of public instruction shall utilize the October ((apportionment)) enrollment count.

          (3) If the amount received by any public school district pursuant to subsection (2) of this section is less than the basic education allocation to which the district would otherwise be entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW 28A.48.010, as now existing or hereafter amended, an amount which shall be the difference between the amount received pursuant to subsection (2) of this section and the basic education allocation to which the district would otherwise be entitled.

          (4) All federal forest funds shall be expended in accordance with the requirements of Title 16, section 500, United States Code, as now existing or hereafter amended.