Z-1590 _______________________________________________
HOUSE BILL NO. 2977
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Representatives Wang, Holland, Hine, Silver and Haugen; by request of State Treasurer
Read first time 1/29/90 and referred to Committee on Revenue.
AN ACT Relating to treasurer-managed funds and accounts; amending RCW 82.14.050, 82.14.060, 70.39.170, 18.08.240, 43.79.330, 43.51.280, 40.14.025, 43.51.310, 70.48.120, 43.140.030, 43.31.958, 43.99C.040, 28B.14D.040, 46.10.075, 72.72.030, 43.79.350, 43.01.050, 67.40.040, 28B.10.821, 43.88.525, 58.24.060, 82.14.200, 82.14.210, 18.72.390, 18.04.105, 43.79.445, 43.51.200, 86.26.007, 43.08.250, 84.33.041, 43.31A.400, 70.94.656, 18.43.150, 75.52.140, 43.33A.160, 43.83B.360, 42.16.011, 43.19.610, 27.34.090, 82.42.090, 47.68.236, 43.79.201, 70.93.180, 46.08.172, 43.99.040, 28B.31.040, 43.83A.030, 75.48.030, 43.99F.030, 28B.10.851, 43.83.020, 28B.56.030, 28B.30.730, 28B.57.050, 43.99.060, 43.83B.030, 43.83C.030, 43.83D.030, 43.83H.030, 43.84.092, 28A.46.010, 50.16.010, 70.164.030, 79.90.555,47.78.010, 22.09.411, 70.47.030, 2.14.070, 70.170.080, 90.76.100, 70.95.800, 59.21.050, 47.56.712, 28B.14C.060, 43.79A.020, 4.92.130, 43.08.190, 43.79A.040, 28C.10.082, 43.250.030, 43.185.030, 28B.10.882, 70.148.020, 4.92.220, 41.40.080, 28B.35.751, 28B.20.800, 28B.10.868, 42.26.010, 41.05.120, 90.50A.020, 2.14.080, 41.26.070, 41.48.065, 41.48.060, and 43.160.080; reenacting and amending RCW 74.18.230, 47.76.030, 27.60.060, 76.04.630, 28B.50.360, 28B.35.370, 70.146.030, 90.48.390, 41.24.030, and 41.04.260; repealing RCW 43.84.090, 46.09.290, and 79.64.055; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 6, chapter 94, Laws of 1970 ex. sess. as last amended by section 81, chapter 57, Laws of 1985 and RCW 82.14.050 are each amended to read as follows:
The counties, metropolitan municipal corporations and cities shall contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by this chapter which is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be spent only for distribution to counties, metropolitan municipal corporations, and cities imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter. All earnings of investments of balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to the counties, metropolitan municipal corporations, and cities on a monthly basis. However, the earnings credited to the local sales and use tax account shall be subject to the allocation to the state treasurer's service account pursuant to RCW 43.08.190.
Sec. 2. Section 7, chapter 94, Laws of 1970 ex. sess. as last amended by section 11, chapter 4, Laws of 1981 2nd ex. sess. and RCW 82.14.060 are each amended to read as follows:
((Bimonthly))
Monthly the state treasurer shall make distribution from the local sales
and use tax account to the counties, metropolitan municipal corporations and
cities the amount of tax collected on behalf of each county, metropolitan
municipal corporation or city, less the deduction provided for in RCW
82.14.050. The state treasurer shall make the distribution under this section
without appropriation.
In the event that any ordinance or resolution imposes a sales and use tax at a rate in excess of the applicable limits contained herein, such ordinance or resolution shall not be considered void in toto, but only with respect to that portion of the rate which is in excess of the applicable limits contained herein.
Sec. 3. Section 18, chapter 5, Laws of 1973 1st ex. sess. as amended by section 67, chapter 57, Laws of 1985 and RCW 70.39.170 are each amended to read as follows:
The commission shall biennially prepare a budget which shall include its estimated income and expenditures for administration and operation for the biennium, to be submitted to the governor for transmittal to the legislature for approval.
Expenses of
the commission shall be financed by assessment against hospitals in an amount
to be determined biennially by the commission, but not to exceed four
one-hundredths of one percent of each hospital's gross operating costs to be
levied and collected from and after July 1, 1973 for the provision of hospital
services for its last fiscal year ending on or before June 30th of the
preceding calendar year. Budgetary requirements in excess of that limit may be
financed by a general fund appropriation by the legislature. All moneys
collected are to be deposited by the state treasurer in the hospital commission
account which is hereby created in the state treasury. ((All earnings of
investments of balances in the hospital commission account shall be credited to
the general fund.))
Any amounts raised by the collection of assessments from hospitals provided for in this section which are not required to meet appropriations in the budget act for the current fiscal year shall be available to the commission in succeeding years.
Sec. 4. Section 15, chapter 323, Laws of 1959 as amended by section 4, chapter 57, Laws of 1985 and RCW 18.08.240 are each amended to read as follows:
There is
established in the state treasury the architects' license account, into which
all fees paid pursuant to this chapter shall be paid. ((All earnings of
investments of balances in the architects' license account shall be credited to
the general fund.))
Sec. 5. Section 43.79.330, chapter 8, Laws of 1965 as last amended by section 38, chapter 57, Laws of 1985 and RCW 43.79.330 are each amended to read as follows:
All moneys to the credit of the following state funds on the first day of August, 1955, and all moneys thereafter paid to the state treasurer for or to the credit of such funds, are hereby transferred to the following accounts in the state treasury, the creation of which is hereby authorized:
(1) Capitol building construction fund moneys, to the capitol building construction account;
(2) Cemetery fund moneys, to the cemetery account;
(3) Feed and fertilizer fund moneys, to the feed and fertilizer account;
(4) Forest development fund moneys, to the forest development account;
(5) Harbor improvement fund moneys, to the harbor improvement account;
(6) Millersylvania Park current fund moneys, to the Millersylvania Park current account;
(7) Puget Sound pilotage fund moneys, to the Puget Sound pilotage account;
(8) Real estate commission fund moneys, to the real estate commission account;
(9) Reclamation revolving fund moneys, to the reclamation revolving account;
(10) University of Washington building fund moneys, to the University of Washington building account; and
(11) State
College of Washington building fund moneys, to the Washington State University
building account((;
(12) All
earnings of investments of balances in the capitol building construction
account, the cemetery account, the feed and fertilizer account, the harbor
improvement account, the Millersylvania Park current account, the Puget Sound
pilotage account, the real estate commission account, and the reclamation
revolving account shall be credited to the general fund; and
(13) Except
as provided in RCW 43.84.090, all earnings of investments of balances in the
forest development account, the University of Washington building account, and
the Washington State University building account shall be credited to these
respective accounts)).
Sec. 6. Section 2, chapter 466, Laws of 1987 and RCW 43.51.280 are each amended to read as follows:
There is
hereby created the trust land purchase account in the state treasury. Any
revenues accruing to this account shall be used for the purchase of the
property described in RCW 43.51.270(3)(a), to include all reasonable costs of
acquisition, and a fee interest or such other interest in state trust lands
presently used for park purposes as the state parks and recreation commission
shall determine and to reimburse the state parks and recreation commission for
the cost of collecting such fees beginning with the 1973-75 fiscal biennium.
Any funds remaining in the account shall be used for the renovation and
redevelopment of state park structures and facilities to extend the original
life expectancy or correct damage to the environment of state parks and for the
maintenance and operation of state parks in the 1981-83 biennium. Thereafter,
the funds shall not be used for such purposes until the money in the account
satisfies the payment required to be made in the contract for sale of lands in
RCW 43.51.270(2), the acquisition of the property described in RCW
43.51.270(3)(a), those amounts necessary to pay for the remaining trust assets
of timber situated on the lands described in RCW 43.51.270(2), and for the
acquisition of the property described in RCW 43.51.270(3) (b), (c), (d), and
(e) and 43.51.270(4) on a schedule satisfactory to the board of natural
resources. Payments may be delayed for property described in RCW 43.51.270(3)
(b), (c), (d), and (e) until the existing contract for purchase of lands in RCW
43.51.270(2) has been paid off. Payments for the property in RCW 43.51.270(4)
may be delayed until contracts for purchase of lands and timber described in
RCW 43.51.270 (2) and (3) have been paid off. Payments from the account for
those parcels included in RCW 43.51.270(4) shall be established on a schedule
which is mutually acceptable to the board of natural resources and the parks
and recreation commission. ((All earnings of investments of balances in the
trust land purchase account shall be credited to the general fund.))
Sec. 7. Section 4, chapter 115, Laws of 1981 as amended by section 22, chapter 57, Laws of 1985 and RCW 40.14.025 are each amended to read as follows:
The secretary of state and the director of financial management shall jointly establish a schedule of fees and charges governing the services provided by the division of archives and records management to other state agencies, offices, departments, and other entities. The schedule shall be determined such that the fees and charges will provide the division with funds to meet its anticipated expenditures during any allotment period.
There is
created the archives and records management account in the state treasury which
shall consist of all fees and charges collected under this section. The
account shall be appropriated exclusively for use by the secretary of state for
the payment of costs and expenses incurred in the operation of the division of
archives and records management. ((All earnings of investments of balances
in the archives and records management account shall be credited to the general
fund.))
Sec. 8. Section 3, chapter 209, Laws of 1975 1st ex. sess. as last amended by section 35, chapter 57, Laws of 1985 and RCW 43.51.310 are each amended to read as follows:
There is
hereby created the winter recreational program account in the state treasury.
Special winter recreational area parking permit fees collected under this
chapter shall be remitted to the state treasurer to be deposited in the winter
recreational program account and shall be appropriated only to the commission
for nonsnowmobile winter recreation purposes including the administration,
acquisition, development, operation, planning, and maintenance of winter
recreation facilities and the development and implementation of winter
recreation, safety, enforcement, and education programs. The commission may
accept gifts, grants, donations, or moneys from any source for deposit in the
winter recreational program account. ((All earnings of investments of
balances in the winter recreational program account shall be credited to the
general fund.))
Any public agency in this state may develop and implement winter recreation programs. The commission may make grants to public agencies and contract with any public or private agency or person to develop and implement winter recreation programs.
Sec. 9. Section 12, chapter 316, Laws of 1977 ex. sess. as last amended by section 8, chapter 462, Laws of 1987 and RCW 70.48.120 are each amended to read as follows:
There is
hereby established in the state treasury a fund to be known as the local jail
improvement and construction account in which shall be deposited such sums as
are appropriated by law for the purpose of providing funds to units of local
government for new construction and the substantial remodeling of detention and
correctional facilities so as to obtain compliance with the physical plant
standards for such facilities. ((Funds in the local jail improvement and
construction account shall be invested in the same manner as other funds in
other accounts within the state treasury, and such earnings shall accrue to the
local jail improvement and construction account.)) Funds shall be remitted
to the governing units in a reasonably timely fashion to meet their contractual
obligations. Funds in this account shall be disbursed by the state treasurer
to units of local government, subject to biennial legislative appropriation, at
the direction of the office.
Sec. 10. Section 3, chapter 158, Laws of 1981 as amended by section 58, chapter 57, Laws of 1985 and RCW 43.140.030 are each amended to read as follows:
There is
created the geothermal account in the state treasury. All expenditures from
this account are subject to appropriation and chapter 43.88 RCW. ((All
earnings of investments of balances in the geothermal account shall be credited
to the general fund.))
All revenues received by the state treasurer under section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities of the United States bureau of land management undertaken pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. Sec. 1001 et. seq.) shall be deposited in the geothermal account in the state treasury immediately upon receipt.
Sec. 11. Section 2, chapter 260, Laws of 1979 ex. sess. as amended by section 31, chapter 57, Laws of 1985 and RCW 43.31.958 are each amended to read as follows:
At the time
the state finance committee determines to issue the bonds authorized in RCW
43.31.956, it may, pending issuance thereof, issue, in the name of the state,
temporary notes in anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "bond anticipation notes."
The proceeds from the sale of the bonds and notes authorized by RCW 43.31.956,
and this section, shall be deposited in the "cultural facilities
construction account" hereby created in the state treasury, and shall be
used exclusively for the purposes specified in RCW 43.31.956 through 43.31.964
and for the payment of expenses incurred in the issuance and sale of the bonds
and notes: PROVIDED, That such portion of the proceeds of the sale of such
bonds as may be required for the payment of the principal and interest on such
anticipation notes, as have been issued, shall be deposited in the cultural
facilities bond redemption fund of 1979 in the state treasury created by RCW
43.31.962. ((All earnings of investments of balances in the cultural
facilities construction account shall be credited to the general fund.))
Sec. 12. Section 7, chapter 221, Laws of 1979 ex. sess. as amended by section 55, chapter 57, Laws of 1985 and RCW 43.99C.040 are each amended to read as follows:
The
proceeds from the sale of the bonds and bond anticipation notes authorized in
this chapter, together with all grants, donations, transferred funds, and all
of the moneys which the state finance committee or the state department of
social and health services may direct the state treasurer to deposit therein,
shall be deposited in the 1979 handicapped facilities construction account
hereby created in the state treasury: PROVIDED, That such portion of the
proceeds of the sale of the bonds as may be required for the payment of the
principal of and the interest on any outstanding bond anticipation notes,
together with accrued interest on the bonds received from the purchasers upon
their delivery, shall be deposited in the 1979 handicapped facilities bond
retirement fund. ((All earnings of investments of balances in the 1979
handicapped facilities construction account shall be credited to the general
fund.))
Sec. 13. Section 4, chapter 253, Laws of 1979 ex. sess. as amended by section 13, chapter 57, Laws of 1985 and RCW 28B.14D.040 are each amended to read as follows:
Except for
that portion of the proceeds required to pay bond anticipation notes under RCW
28B.14D.020, the proceeds from the sale of the bonds and bond anticipation
notes authorized in this chapter, together with all grants, donations, transferred
funds, and all other moneys which the state finance committee or the board of
regents or board of trustees of any of the state institutions of higher
education may direct the state treasurer to deposit therein, shall be deposited
in the higher education construction account hereby created in the state
treasury. ((All earnings of investments of balances in the higher education
construction account shall be credited to the general fund.))
Sec. 14. Section 7, chapter 182, Laws of 1979 ex. sess. as last amended by section 61, chapter 57, Laws of 1985 and RCW 46.10.075 are each amended to read as follows:
There is
created a snowmobile account within the state treasury. Snowmobile
registration fees, monetary civil penalties from snowmobile dealers, and
snowmobile fuel tax moneys collected under this chapter and in excess of the
amounts fixed for the administration of the registration and fuel tax
provisions of this chapter shall be deposited in the snowmobile account and shall
be appropriated only to the state parks and recreation commission for the
administration and coordination of this chapter. ((All earnings of
investments of balances in the snowmobile account shall be credited to the
general fund.))
Sec. 15. Section 3, chapter 108, Laws of 1979 ex. sess. as last amended by section 71, chapter 57, Laws of 1985 and RCW 72.72.030 are each amended to read as follows:
(1) There is hereby created, in the state treasury, an institutional impact account. The secretary of social and health services may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of social and health services. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.
(2) The secretary of corrections may reimburse political subdivisions for criminal justice costs incurred directly as a result of crimes committed by offenders residing in an institution as defined herein under the jurisdiction of the secretary of corrections. Such reimbursement shall be made to the extent funds are available from the institutional impact account. Reimbursements shall be limited to law enforcement, prosecutorial, judicial, and jail facilities costs which are documented to be strictly related to the criminal activities of the offender.
(((3)
All earnings of investments of balances in the institutional impact account
shall be credited to the general fund.))
Sec. 16. Section 43.79.350, chapter 8, Laws of 1965 as last amended by section 40, chapter 57, Laws of 1985 and RCW 43.79.350 are each amended to read as follows:
There is established in the state treasury a special account to be known as the suspense account. All moneys which heretofore have been deposited with the state treasurer in the state treasurer's suspense fund, and moneys hereafter received which are contingent on some future action, or which cover overpayments and are to be refunded to the sender in part or whole, and any other moneys of which the final disposition is not known, shall be transmitted to the state treasurer and deposited in the suspense account. All earnings of the investment of balances in the account, less the allocation to the state treasurer's service account under RCW 43.08.190, shall be credited to the general fund.
Sec. 17. Section 43.01.050, chapter 8, Laws of 1965 as last amended by section 26, chapter 57, Laws of 1985 and RCW 43.01.050 are each amended to read as follows:
Each state officer or other person, other than county treasurer, who is authorized by law to collect or receive moneys which are required by statute to be deposited in the state treasury shall transmit to the state treasurer each day, all such moneys collected by him on the preceding day: PROVIDED, That the state treasurer may in his discretion grant exceptions where such daily transfers would not be administratively practical or feasible. In the event that remittances are not accompanied by a statement designating source and fund, the state treasurer shall deposit these moneys in an account hereby created in the state treasury to be known as the undistributed receipts account. These moneys shall be retained in the account until such time as the transmitting agency provides a statement in duplicate of the source from which each item of money was derived and the fund into which it is to be transmitted. The director of financial management in accordance with RCW 43.88.160 shall promulgate regulations designed to assure orderly and efficient administration of this account. In the event moneys are deposited in this account that constitute overpayments, refunds may be made by the remitting agency without virtue of a legislative appropriation. All earnings of the investment of balances in the account, less the allocation to the state treasurer's service account under RCW 43.08.190, shall be credited to the general fund.
Sec. 18. Section 4, chapter 34, Laws of 1982 as last amended by section 4, chapter 1, Laws of 1988 ex. sess. and RCW 67.40.040 are each amended to read as follows:
(1) The proceeds from the sale of the bonds authorized in RCW 67.40.030, earnings from the investment of the proceeds, proceeds of the tax imposed under RCW 67.40.090, and all other moneys received by the state convention and trade center from any public or private source which are intended to fund the acquisition, design, construction, expansion, exterior cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, purchase of the land and building known as the McKay Parcel, or renovation of the center, shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by the directors of the corporation.
(2) ((Seventy-five
percent of the income from the investment of the corporation's funds deposited
in the account, including interest earned thereon, before and after May 10,
1985, shall be credited against any future borrowings by the state convention
and trade center corporation from the general fund for debt service or
otherwise at the time such funds are needed after July 1, 1987.
(3))) Moneys in the account, including unanticipated
revenues under RCW 43.79.270, shall be used exclusively for the following
purposes in the following priority:
(a) For reimbursement of the state general fund under RCW 67.40.060;
(b) After appropriation by statute:
(i) For payment of expenses incurred in the issuance and sale of the bonds issued under RCW 67.40.030;
(ii) For acquisition, design, and construction of the state convention and trade center; and
(iii) For reimbursement of any expenditures from the state general fund in support of the state convention and trade center; and
(c) For transfer to the state convention and trade center operations account.
(((4)))
(3) The corporation shall identify with specificity those facilities of
the state convention and trade center that are to be financed with proceeds of
general obligation bonds, the interest on which is intended to be excluded from
gross income for federal income tax purposes. The corporation shall not permit
the extent or manner of private business use of those bond-financed facilities
to be inconsistent with treatment of such bonds as governmental bonds under
applicable provisions of the Internal Revenue Code of 1986, as amended.
Sec. 19. Section 1, chapter 55, Laws of 1981 as amended by section 10, chapter 57, Laws of 1985 and RCW 28B.10.821 are each amended to read as follows:
The state
educational grant account is hereby established in the state treasury. The
commission shall deposit refunds and recoveries of student financial aid funds
expended in prior biennia in such account. Expenditures from such account
shall be for financial aid to needy or disadvantaged students. ((All
earnings of investments of balances in the state educational grant account
shall be credited to the general fund.))
Sec. 20. Section 2, chapter 280, Laws of 1981 as amended by section 52, chapter 57, Laws of 1985 and RCW 43.88.525 are each amended to read as follows:
A budget
stabilization account is hereby created as an account in the state treasury for
the purposes set forth in RCW 43.88.520 through 43.88.540. There shall be
deposited into the stabilization account the revenues described in RCW
43.88.530 and such other amounts as the legislature may from time to time
direct to be deposited in the account. The governor's biennial budget document
for the 1983-85 biennium and for each succeeding biennium shall contain a
request for necessary transfers from the general fund to the budget
stabilization account of those revenues identified in RCW 43.88.530. ((All
earnings of investments of balances in the budget stabilization account shall
be credited to the general fund.))
Sec. 21. Section 6, chapter 165, Laws of 1982 as last amended by section 8, chapter 466, Laws of 1987 and RCW 58.24.060 are each amended to read as follows:
There is
created in the state treasury the surveys and maps account which shall be a
separate account consisting of funds received or collected under chapters 58.22
and 58.24 RCW, moneys appropriated to it by law. This account shall be used
exclusively by the department of natural resources for carrying out the
purposes and provisions of chapters 58.22 and 58.24 RCW. Appropriations from
the account shall be expended for no other purposes. ((All earnings of
investments of balances in the surveys and maps account shall be credited to
the general fund.))
Sec. 22. Section 21, chapter 49, Laws of 1982 1st ex. sess. as last amended by section 82, chapter 57, Laws of 1985 and RCW 82.14.200 are each amended to read as follows:
There is created in the state treasury a special account to be known as the "county sales and use tax equalization account." Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.150(2). Funds in this account shall be allocated by the state treasurer according to the following procedure:
(1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for the unincorporated area of each county and the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
(2) At such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than one hundred fifty thousand dollars from the tax for the previous calendar year, an amount from the county sales and use tax equalization account sufficient, when added to the amount of revenues received the previous calendar year by the county, to equal one hundred fifty thousand dollars.
The department of revenue shall establish a governmental price index as provided in this subsection. The base year for the index shall be the end of the third quarter of 1982. Prior to November 1, 1983, and prior to each November 1st thereafter, the department of revenue shall establish another index figure for the third quarter of that year. The department of revenue may use the implicit price deflators for state and local government purchases of goods and services calculated by the United States department of commerce to establish the governmental price index. Beginning on January 1, 1984, and each January 1st thereafter, the one hundred fifty thousand dollar base figure in this subsection shall be adjusted in direct proportion to the percentage change in the governmental price index from 1982 until the year before the adjustment. Distributions made under this subsection for 1984 and thereafter shall use this adjusted base amount figure.
(3) Subsequent to the distributions under subsection (2) of this section and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties as determined by the department of revenue under subsection (1) of this section, an amount from the county sales and use tax equalization account sufficient, when added to the per capita level of revenues for the unincorporated area received the previous calendar year by the county, to equal seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties determined under subsection (1) of this section, subject to reduction under subsections (6) and (7) of this section. When computing distributions under this section, any distribution under subsection (2) of this section shall be considered revenues received from the tax imposed under RCW 82.14.030(1) for the previous calendar year.
(4) Subsequent to the distributions under subsection (3) of this section and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (2) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the total distribution under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
(5) Subsequent to the distributions under subsection (4) of this section and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (3) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the distributions under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
(6) Revenues distributed under this section in any calendar year shall not exceed an amount equal to seventy percent of the state-wide weighted average per capita level of revenues for the unincorporated areas of all counties during the previous calendar year. If distributions under subsections (3) through (5) of this section cannot be made because of this limitation, then distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties.
(7) If inadequate revenues exist in the county sales and use tax equalization account to make the distributions under subsections (3) through (5) of this section, then the distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties. At such time during the year as additional funds accrue to the county sales and use tax equalization account, additional distributions shall be made under subsections (3) through (5) of this section to the counties.
(8) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) of this section, then the additional revenues shall be credited and transferred to the state general fund.
(((9)
All earnings of investments of balances in the county sales and use tax
equalization account shall be credited to the general fund.))
Sec. 23. Section 22, chapter 49, Laws of 1982 1st ex. sess. as last amended by section 83, chapter 57, Laws of 1985 and RCW 82.14.210 are each amended to read as follows:
There is created in the state treasury a special account to be known as the "municipal sales and use tax equalization account." Into this account shall be placed such revenues as are provided under RCW 82.44.150(3)(b). Funds in this account shall be allocated by the state treasurer according to the following procedure:
(1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for each city and the state-wide weighted average per capita level of revenues for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
(2) At such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city not imposing the sales and use tax under RCW 82.14.030(2) an amount from the municipal sales and use tax equalization account equal to the amount distributed to the city under RCW 82.44.150(3)(a) multiplied by thirty-five sixty-fifths.
(3) Subsequent to the distributions under subsection (2) of this section, and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the state-wide weighted average per capita level of revenues for all cities as determined by the department of revenue under subsection (1) of this section, an amount from the municipal sales and use tax equalization account sufficient, when added to the per capita level of revenues received the previous calendar year by the city, to equal seventy percent of the state-wide weighted average per capita level of revenues for all cities determined under subsection (1) of this section, subject to reduction under subsection (5) of this section.
(4) Subsequent to the distributions under subsection (3) of this section, and at such times as distributions are made under RCW 82.44.150, as now or hereafter amended, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a third distribution from the municipal sales and use tax equalization account. The distribution to each qualifying city shall be equal to the distribution to the city under subsection (3) of this section, subject to the reduction under subsection (5) of this section. To qualify for the distributions under this subsection, the city must impose the tax under RCW 82.14.030(2) for the entire calendar year. Cities imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
(5) If inadequate revenues exist in the municipal sales and use tax equalization account to make the distributions under subsection (3) or (4) of this section, then the distributions under subsection (3) or (4) of this section shall be reduced ratably among the qualifying cities. At such time during the year as additional funds accrue to the municipal sales and use tax equalization account, additional distributions shall be made under subsections (3) and (4) of this section to the cities.
(6) If the level of revenues in the municipal sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (4) of this section, then the additional revenues shall be apportioned among the several cities within the state ratably on the basis of population as last determined by the office of financial management: PROVIDED, That no such distribution shall be made to those cities receiving a distribution under subsection (2) of this section.
(7) For a city or town initially incorporated on or after January 1, 1983, at the time distributions are made under subsection (3) of this section, the state treasurer shall place into a separate designated account for such city or town a pro rata amount of the revenues received under RCW 82.44.150(3)(b) equal to the city's or town's population multiplied by the amount of equalization funds to which the city or town would be entitled if its per capita yield the previous calendar year were zero. Such account shall take effect on January 1st of the first full calendar year during which the city or town imposes the taxes authorized by RCW 82.14.030(1) and shall cease to exist on December 31st of that year.
(((8)
All earnings of investments of balances in the municipal sales and use tax
equalization account shall be credited to the general fund.))
At the time that sales and use tax distributions are made pursuant to RCW 82.14.060, the revenues in such designated account shall be added to the city's or town's sales and use tax distributions so as to provide to such city or town an amount which reflects what such jurisdiction's entitlement from the municipal sales and use tax equalization account would have been if the actual distributions of sales and use tax revenues to such city or town had been received the previous full calendar year. Any excess revenues remaining in such designated account upon its expiration shall be apportioned according to subsection (6) of this section. If the department of revenue determines during the year that any funds in the designated account are not necessary for the purposes of distribution under this subsection, the department may deposit those funds in the municipal sales and use tax equalization account to be apportioned according to subsection (6) of this section.
Sec. 24. Section 2, chapter 71, Laws of 1983 as amended by section 6, chapter 57, Laws of 1985 and RCW 18.72.390 are each amended to read as follows:
Because it
is the express purpose of this chapter to protect the public health and to
provide for a public agency to act as a disciplinary body for members of the
medical profession licensed to practice medicine and surgery in this state, and
because the health and well-being of the people of this state are of paramount
importance, there is hereby created an account in the state treasury to be
known as the medical disciplinary account. All assessments, fines, and other
funds collected or received pursuant to this chapter shall be deposited in the
medical disciplinary account and used to administer and implement this
chapter. ((All earnings of investments of balances in the medical
disciplinary account shall be credited to the general fund.))
Sec. 25. Section 23, chapter 194, Laws of 1983 as amended by section 72, chapter 57, Laws of 1985 and by section 2, chapter 97, Laws of 1985 and RCW 74.18.230 are each reenacted and amended to read as follows:
(1) There is established in the state treasury an account known as the business enterprises revolving account.
(2) The net proceeds from any vending machine operation in a public building, other than an operation managed by a licensee, shall be made payable to the business enterprises revolving fund. Net proceeds, for purposes of this section, means the gross amount received less the costs of the operation, including a fair minimum return to the vending machine owner, which return shall not exceed a reasonable amount to be determined by the department.
(3) All moneys in the business enterprises revolving fund shall be expended only for development and expansion of locations, equipment, management services, and payments to licensees in the business enterprises program.
(4) The business enterprises program shall be supported by the business enterprises revolving fund and by income which may accrue to the department pursuant to the federal Randolph-Sheppard Act.
(5) Vocational rehabilitation funds may be spent in connection with the business enterprises program for training persons to become licensees and for other services that are required to complete an individual written rehabilitation program.
(((6)
All earnings of investments of balances in the business enterprises revolving
account shall be credited to the business enterprises revolving account.))
Sec. 26. Section 7, chapter 234, Laws of 1983 as last amended by section 6, chapter 295, Laws of 1986 and RCW 18.04.105 are each amended to read as follows:
(1) The certificate of "certified public accountant" shall be granted by the board to any person:
(a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or felonious acts. The board may refuse to grant a certificate on the ground of failure to satisfy this requirement only if there is a substantial connection between the lack of good character of the applicant and the professional responsibilities of a licensee and if the finding by the board of lack of good character is supported by a preponderance of evidence. When an applicant is found to be unqualified for a certificate because of a lack of good character, the board shall furnish the applicant a statement containing the findings of the board and a notice of the applicant's right of appeal;
(b) Who has met such educational standards established by rule as the board determines to be appropriate; and
(c) Who has passed a written examination in accounting, auditing, and related subjects the board determines to be appropriate.
(2) The examination described in subsection (1)(c) of this section shall be held by the board and shall take place as often as the board determines to be desirable, but at least once a year. The board may use all or any part of the examination or grading service of the American Institute of Certified Public Accountants or National Association of State Boards of Accountancy to assist it in performing its duties under this chapter.
(3) The board may, by rule, provide for granting credit to a person for satisfactory completion of a written examination in any one or more of the subjects specified in subsection (1)(c) of this section given by the licensing authority in any other state. These rules shall include requirements the board determines to be appropriate in order that any examination approved as a basis for any credit shall, in the judgment of the board, be at least as thorough as the most recent examination given by the board at the time credit is granted.
(4) The board may, by rule, prescribe the terms and conditions under which a person who passes the examination in one or more of the subjects indicated in subsection (1)(c) of this section may be reexamined in only the remaining subjects, giving credit for the subjects previously passed. It may also provide by rule for a reasonable waiting period for a person's reexamination in a subject he or she has failed. A person is entitled to any number of reexaminations, subject to this subsection and any other rules adopted by the board.
(5) A person passing the examination in any one or more subjects specified in subsection (1)(c) of this section shall meet the educational requirements of subsection (1)(b) of this section in effect on the date the person successfully completes the requirements of subsection (1)(c) of this section. The board may provide, by rule, for exceptions to prevent what it determines to be undue hardship to applicants.
(6) The
board shall charge each applicant an examination fee for the initial
examination under subsection (1) of this section, or for reexamination under
subsection (4) of this section for each subject in which the applicant is
reexamined. The applicable fee shall be paid by the person at the time he or
she applies for examination, reexamination, or evaluation of educational
qualifications. Fees for examination, reexamination, or evaluation of
educational qualifications shall be determined by the board under chapter 18.04
RCW. There is established in the state treasury an account to be known as the
certified public accountants' account. All fees received from candidates to
take any or all sections of the certified public accountant examination shall
be used only for costs related to the examination. ((All earnings of
investments of balances in the certified public accountants' account shall be
credited to the general fund.))
(7) Persons who on June 30, 1986, held certified public accountant certificates previously issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. Certificates previously issued shall, for all purposes, be considered certificates issued under this chapter and subject to its provisions.
(8) Persons who held qualifications as licensed public accountants but who do not hold annual permits to practice on July 1, 1983, are not entitled to engage in the practice of public accounting under this chapter. No person shall use the term "licensed public accountant" or the designation "LPA."
(9) A certificate of a "certified public accountant" under this chapter is issued on a biennial basis with renewal subject to requirements of continuing professional education and payment of fees, prescribed by the board.
(10) The board shall adopt rules providing for continuing professional education for certified public accountants. The rules shall:
(a) Provide that a certified public accountant holding a certificate on July 1, 1986, shall verify to the board that he or she has completed at least ten days or an accumulation of eighty hours of continuing professional education during the last two-year period to maintain the certificate;
(b) Establish continuing professional education requirements;
(c) Establish when newly certificated public accountants shall verify that they have completed the required continuing professional education; and
(d) Establish proceedings for revocation, suspension, and reinstatement of certificates for failure to meet the continuing professional education requirement.
(11) Failure to furnish verification of the completion of the continuing professional education requirement constitutes grounds for revocation, suspension, or failure to renew the certificate, unless the board determines that the failure was due to reasonable cause or excusable neglect.
Sec. 27. Section 18, chapter 16, Laws of 1983 1st ex. sess. as last amended by section 2, chapter 31, Laws of 1986 and RCW 43.79.445 are each amended to read as follows:
There is
established an account in the state treasury referred to as the "death
investigations' account" which shall exist for the purpose of receiving,
holding, investing, and disbursing funds appropriated or provided in section
20, chapter 16, Laws of 1983 1st ex. sess. and any moneys appropriated or
otherwise provided thereafter. ((All earnings of investments of balances in
the death investigations' account shall be credited to the general fund.))
Moneys in
the death investigations' account shall be disbursed by the state treasurer
once every year on December 31 and at any other time determined by the
treasurer. The ((above-mentioned entities and individuals)) Washington
state patrol, board on prosecutor training standards and education, death
investigation council, state toxicology laboratory, county coroners, and
medical examiners may submit billings to the state treasurer prior to
December 31. The University of Washington may also submit billings for amounts
not to exceed thirty-five thousand dollars per twelve-month period for the
fellowship program in forensic pathology under RCW 28B.20.426 and the state
treasurer shall make such payments for the fellowship program in forensic
pathology under RCW 28B.20.426.
Sec. 28. Section 6, chapter 303, Laws of 1983 as amended by section 64, chapter 57, Laws of 1985 and by section 2, chapter 432, Laws of 1985 and RCW 47.76.030 are each reenacted and amended to read as follows:
(1) The essential rail assistance account is hereby created in the state treasury. Moneys in the account may be appropriated only for the purposes specified in this section.
(2) Moneys in the account may be distributed to county rail districts and port districts for the purpose of:
(a) Acquiring, maintaining, or improving branch rail lines; or
(b) Operating railroad equipment necessary to maintain essential rail service.
(3) Moneys in the account may be distributed to the department to purchase unused rail right of way that meets the following criteria:
(a) The right of way has been identified, evaluated, and analyzed in the state rail plan prepared pursuant to RCW 47.76.020;
(b) The right of way has been abandoned and is available for acquisition;
(c) The right of way has potential for future rail service; and
(d) Reestablishment of rail service in the future would benefit the state of Washington.
!ixThe department may exercise its authority to use moneys in the account for the purposes of this subsection only with legislative appropriation for this purpose or upon receipt of a donation of funds sufficient to cover the property acquisition and management costs. The department may receive donations of funds for this purpose, which shall be conditioned upon, and made in consideration for the repurchase rights contained in RCW 47.76.040. Nothing in this section shall be interpreted or applied so as to impair the reversionary rights of abutting landowners, if any, without just compensation.
(4) County rail districts and port districts may grant franchises to private railroads for the right to operate on lines acquired, repaired, or improved under this chapter.
(5) Moneys distributed under subsection (2) of this section shall not exceed eighty percent of the cost of the service or project undertaken. At least twenty percent of the cost shall be provided by the county, port district, or other local sources.
(6) The amount distributed under this section shall be repaid to the state by the county rail district or port district. The repayment shall occur within ten years of the distribution of the moneys and shall be deposited in the essential rail assistance account. The repayment schedule and rate of interest, if any, shall be set at the time of the distribution of the moneys.
(((7)
All earnings of investments of balances in the essential rail assistance
account shall be credited to the general fund.))
Sec. 29. Section 1, chapter 87, Laws of 1984 as amended by section 33, chapter 57, Laws of 1985 and RCW 43.51.200 are each amended to read as follows:
(1) Any lands owned by the state parks and recreation commission, which are determined to be surplus to the needs of the state for development for state park purposes and which the commission proposes to deed to a local government or other entity, shall be accompanied by a clause requiring that if the land is not used for outdoor recreation purposes, ownership of the land shall revert to the state parks and recreation commission.
(2) The state parks and recreation commission, in cases where land subject to such a reversionary clause is proposed for use or disposal for purposes other than recreation, shall require that, if the land is surplus to the needs of the commission for park purposes at the time the commission becomes aware of its proposed use for nonrecreation purposes, the holder of the land or property shall reimburse the commission for the release of the reversionary interest in the land. The reimbursement shall be in the amount of the fair market value of the reversionary interest as determined by a qualified appraiser agreeable to the commission. Appraisal costs shall be borne by the local entity which holds title to the land.
(3) Any
funds generated under a reimbursement under this section shall be deposited in
the parkland acquisition account which is hereby created in the state
treasury. Moneys in this account are to be used solely for the purchase or
acquisition of property for use as state park property by the commission, as
directed by the legislature; all such funds shall be subject to legislative
appropriation. ((All earnings of investments of balances in the parkland
acquisition account shall be credited to the general fund.))
Sec. 30. Section 1, chapter 212, Laws of 1984 as last amended by section 1, chapter 46, Laws of 1986 and RCW 86.26.007 are each amended to read as follows:
The flood
control assistance account is hereby established in the state treasury. At the
beginning of each biennium after June 30, 1985, the state treasurer shall
transfer from the general fund to the flood control assistance account an
amount of money which, when combined with money remaining in the account from
the previous biennium, will equal four million dollars. Moneys in the flood
control assistance account may be spent only after appropriation for purposes
specified under this chapter. ((All earnings of investments of balances in
the flood control assistance account shall be credited to the general fund.))
Sec. 31. Section 2, chapter 120, Laws of 1984 as amended by section 8, chapter 57, Laws of 1985 and by section 3, chapter 291, Laws of 1985 and RCW 27.60.060 are each reenacted and amended to read as follows:
Subject to
existing state law, the commission may disburse legislatively appropriated
funds for commemorative programs and activities. It may accept gifts or grants
from public or private sources. It may generate earned income through
contractual licensing of its symbol and other centennial-related identification
and insignia for use in commercially manufactured commemorative products and
through other activities, or grant use of the symbol in recognition of
services provided, and deposit the same in the centennial commission account.
Gifts((,)) and grants((, and earned income)) shall be
retained in the centennial commission account, hereby created in the state
treasury for use by the commission in the support of commemorative programs and
activities defined but not limited by RCW 27.60.040(1) (a) through (((g)))
(i). Funds not expended by December 31, 1990, shall revert to the
general fund. ((All earnings of investments of balances in the centennial
commission account shall be credited to the general fund.))
Sec. 32. Section 338, chapter 258, Laws of 1984 as amended by section 27, chapter 57, Laws of 1985 and RCW 43.08.250 are each amended to read as follows:
The money
received by the state treasurer from fees, fines, forfeitures, penalties,
reimbursements or assessments by any court organized under Title 3 or 35 RCW,
or chapter 2.08 RCW, shall be deposited in the public safety and education
account which is hereby created in the state treasury. The legislature shall
appropriate the funds in the account to promote traffic safety education,
highway safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, winter recreation parking,
and state game programs. ((All earnings of investments of balances in the
public safety and education account shall be credited to the general fund.))
Sec. 33. Section 2, chapter 204, Laws of 1984 as amended by section 87, chapter 57, Laws of 1985 and RCW 84.33.041 are each amended to read as follows:
(1) An excise tax is imposed on every person engaging in this state in business as a harvester of timber on privately or publicly owned land. The tax is equal to the stumpage value of timber harvested for sale or for commercial or industrial use multiplied by the rate provided in this chapter.
(2) A credit is allowed against the tax imposed under this section for any tax paid under RCW 84.33.051.
(3) Moneys received as payment for the tax imposed under this section and RCW 84.33.051 shall be deposited in the timber tax distribution account hereby established in the state treasury.
(((4)
All earnings of investments of balances in the timber tax distribution account
shall be credited to the general fund.))
Sec. 34. Section 4, chapter 76, Laws of 1981 and RCW 43.31A.400 are each amended to read as follows:
The economic assistance authority established by section 2, chapter 117, Laws of 1972 ex. sess. as amended by section 111, chapter 34, Laws of 1975-'76 2nd ex. sess. is abolished, effective June 30, 1982. Any remaining duties of the economic assistance authority are transferred to the department of revenue on that date. The public facilities construction loan and grant revolving account within the state treasury is continued to service the economic assistance authority's loans.
Sec. 35. Section 7, chapter 193, Laws of 1973 1st ex. sess. as amended by section 69, chapter 57, Laws of 1985 and RCW 70.94.656 are each amended to read as follows:
It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and practical alternate agricultural practices to such burning, and to provide for interim regulation of such burning until practical alternates are found.
(1) The
department shall approve of a study or studies for the exploration and
identification of economical and practical alternate agricultural practices to
the open burning of field and turf grasses grown for seed. Prior to the
issuance of any permit for such burning under RCW 70.94.650, there shall be
collected a fee not to exceed fifty cents per acre of crop to be burned. Any
such fees received by any authority shall be transferred to the department of
ecology. The department of ecology shall deposit all such acreage fees in a
special grass seed burning research account, hereby created, in the state
treasury. ((All earnings of investments of balances in the special grass
seed burning research account shall be credited to the general fund.)) The
department shall allocate moneys annually from this account for the support of
any approved study or studies as provided for in this subsection. For the
conduct of any such study or studies, the department may contract with public
or private entities: PROVIDED, That whenever the department of ecology shall
conclude that sufficient reasonably available alternates to open burning have
been developed, and at such time as all costs of any studies have been paid,
the grass seed burning research account shall be dissolved, and any money
remaining therein shall revert to the general fund.
(2) Whenever on the basis of information available to it, the department after public hearings have been conducted wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate. Thereafter, in any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown for seed shall be disallowed and no permit shall issue therefor.
(3) Until approved alternates become available, the department or the authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.
(4) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological conditions.
Sec. 36. Section 3, chapter 126, Laws of 1965 ex. sess. as amended by section 5, chapter 57, Laws of 1985 and RCW 18.43.150 are each amended to read as follows:
All fees
collected under the provisions of RCW 18.43.050, 18.43.080 and 18.43.130 shall
be divided and twenty percent paid into the state general fund and eighty
percent paid into the professional engineers' account, which account is hereby
established in the state treasury to be used to carry out the purposes and
provisions of RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100, 18.43.110,
18.43.120, 18.43.130, 18.43.140 and all other duties required for operation and
enforcement of this chapter. ((All earnings of investments of balances in
the professional engineers' account shall be credited to the general fund.))
Sec. 37. Section 7, chapter 85, Laws of 1989 and RCW 75.52.140 are each amended to read as follows:
In order to provide operation and maintenance funds for the facility authorized by RCW 75.52.100 through 75.52.160, the utility shall place two million five hundred thousand dollars in the state general fund Cedar river channel construction and operation account herein created. The interest from the fund, less the allocation to the state treasurer's service account pursuant to RCW 43.08.190, shall be used for operation and maintenance of the spawning channel and any unused interest shall be added to the fund to increase the principal to cover possible future operation cost increases. The state treasurer may invest funds from the account as provided by law.
Sec. 38. Section 37, chapter 100, Laws of 1986 as amended by section 162, chapter 175, Laws of 1989 and by section 2, chapter 362, Laws of 1989 and RCW 76.04.630 are each reenacted and amended to read as follows:
There is created a landowner contingency forest fire suppression account which shall be a separate account in the state treasury. Moneys in the account may be spent only as provided in this section. Disbursements from the account shall be on authorization of the commissioner of public lands or the commissioner's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
The department may expend from this account such amounts as may be available and as it considers appropriate for the payment of emergency fire costs resulting from a participating landowner fire. The department may, when moneys are available from the landowner contingency forest fire suppression account, expend moneys for summarily abating, isolating, or reducing an extreme fire hazard under RCW 76.04.660. All moneys recovered as a result of the department's actions, from the owner or person responsible, under RCW 76.04.660 shall be deposited in the landowner contingency forest fire suppression account.
When a determination is made that the fire was started by other than a landowner operation, moneys expended from this account in the suppression of such fire shall be recovered from such general fund appropriations as may be available for emergency fire suppression costs. The department shall deposit in the landowner contingency forest fire suppression account any moneys paid out of the account which are later recovered, less reasonable costs of recovery.
This
account shall be established and renewed by a special forest fire suppression
account assessment paid by participating landowners at a rate to be established
by the department, but not to exceed fifteen cents per acre per year for such
period of years as may be necessary to establish and thereafter reestablish a
balance in the account of three million dollars. The department may establish
a minimum assessment for ownership parcels identified in RCW 76.04.610 as
paying the minimum assessment. The maximum assessment for these parcels shall
not exceed the fees levied on a thirty-acre parcel. There shall be no
assessment on each parcel of privately owned lands of less than two acres. The
assessments may differ to equitably distribute the assessment based on
emergency fire suppression cost experience necessitated by landowner
operations. Amounts assessed for this account shall be a lien upon the forest
lands with respect to which the assessment is made and may be collected as
directed by the department in the same manner as forest protection
assessments. ((This account shall be held by the state treasurer, who is
authorized to invest so much of the account as is not necessary to meet current
needs. Any interest earned on moneys from the account shall be deposited in
and remain a part of the account and shall be computed as part of same in
determining the balance thereof. Interfund loans to and from this account are
authorized at the current rate of interest as determined by the state
treasurer, provided that the effect of the loan is considered for purposes of
determining the assessments.)) Payment of emergency costs from this
account shall in no way restrict the right of the department to recover costs
pursuant to RCW 76.04.495 or other laws.
When the department determines that a forest fire was started in the course of or as a result of a landowner operation, it shall notify the forest fire advisory board of the determination. The determination shall be final, unless, within ninety days of the notification, the forest fire advisory board or any interested party serves a request for a hearing before the department. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, and any appeal shall be in accordance with RCW 34.05.510 through 34.05.598.
Sec. 39. Section 16, chapter 3, Laws of 1981 as last amended by section 32, chapter 57, Laws of 1985 and RCW 43.33A.160 are each amended to read as follows:
(1) The state investment board shall be funded from the earnings of the funds managed by the state investment board, proportional to the value of the assets of each fund, subject to legislative appropriation.
(2) There
is established in the state treasury a state investment board expense account
from which shall be paid the operating expenses of the state investment board.
Prior to November 1 of each even-numbered year, the state investment board
shall determine and certify to the state treasurer and the office of financial
management the value of the various funds managed by the investment board in
order to determine the proportional liability of the funds for the operating
expenses of the state investment board. Pursuant to appropriation, the state
treasurer is authorized to transfer such moneys from the various funds managed
by the investment board to the state investment board expense account as are
necessary to pay the operating expenses of the investment board. ((All
earnings of investments of balances in the state investment board expense
account shall be credited to the state investment board expense account.))
Sec. 40. Section 13, chapter 1, Laws of 1977 ex. sess. as amended by section 46, chapter 57, Laws of 1985 and RCW 43.83B.360 are each amended to read as follows:
At the time
the state finance committee determines to issue such bonds authorized in RCW
43.83B.300, and 43.83B.355 through 43.83B.375 or a portion thereof, it may,
pending the issuance thereof, issue in the name of the state, temporary notes
in anticipation of the money to be derived from the sale of the bonds, which
notes shall be designated as "bond anticipation notes". The proceeds
from the sale of bonds and notes authorized by RCW 43.83B.300, and 43.83B.355
through 43.83B.375 shall be deposited in the state emergency water projects
revolving account, hereby created in the state treasury, and shall be used
exclusively for the purposes specified in RCW 43.83B.300, and 43.83B.355
through 43.83B.375 and for the payment of expenses incurred in the issuance and
sale of such bonds and notes: PROVIDED, That such portion of the proceeds of
the sale of such bonds as may be required for the payment of the principal and
interest on such anticipation notes as have been issued, shall be deposited in
the state emergency water projects bond redemption ((fund)) account
of 1977 in the state treasury created by RCW 43.83B.370. ((All earnings of
investments of balances in the state emergency water projects revolving account
shall be credited to the general fund.))
Sec. 41. Section 2, chapter 25, Laws of 1967 ex. sess. as last amended by section 25, chapter 57, Laws of 1985 and RCW 42.16.011 are each amended to read as follows:
A state
payroll revolving account and an agency payroll revolving ((fund)) account
are created in the state treasury, for the payment of compensation to employees
and officers of the state and distribution of all amounts withheld therefrom
pursuant to law and amounts authorized by employees to be withheld pursuant to
law; also for the payment of the state's contributions for retirement and
insurance and other employee benefits: PROVIDED, That the utilization of the
state payroll revolving account shall be optional except for agencies whose
payrolls are prepared under a centralized system established pursuant to
regulations of the director of financial management: PROVIDED FURTHER, That
the utilization of the agency payroll revolving ((fund)) account
shall be optional for agencies whose operations are funded in whole or part
other than by funds appropriated from the state treasury. All earnings of
the investment of balances in the accounts, less the allocation to the state
treasurer's service account pursuant to RCW 43.08.190, shall be credited to the
general fund.
Sec. 42. Section 902, chapter 312, Laws of 1986 and RCW 43.19.610 are each amended to read as follows:
There is
hereby established in the state treasury an account to be known as the motor
transport account into which shall be paid all moneys, funds, proceeds, and
receipts as provided in RCW 43.19.615 and as may otherwise be provided by law.
Disbursements therefrom shall be made in accordance with the provisions of RCW
43.19.560 through 43.19.630, 43.41.130 and 43.41.140 as authorized by the
director or his duly authorized representative and as may be provided by law.
((All earnings of investments of balances in the motor transport account
shall be credited to the general fund.
The state
treasurer shall transfer to the general fund two million dollars from the motor
transport account on or before June 30, 1987.))
Sec. 43. Section 9, chapter 91, Laws of 1983 as amended by section 7, chapter 57, Laws of 1985 and RCW 27.34.090 are each amended to read as follows:
All moneys
in the state capitol historical museum association account hereby created in
the state treasury and any moneys appropriated from that account, shall be
expended for the purposes of the state capital historical association museum as
determined by a majority of the governing board of the state capital historical
association. ((All earnings of investments of balances in the state capitol
historical association museum account shall be credited to the general fund.))
Sec. 44. Section 9, chapter 10, Laws of 1967 ex. sess. as last amended by section 86, chapter 57, Laws of 1985 and RCW 82.42.090 are each amended to read as follows:
All moneys
collected by the director from the aircraft fuel excise tax as provided in RCW
82.42.020 shall be transmitted to the state treasurer and shall be credited to
the aeronautics account hereby created in the state treasury. Moneys collected
from the consumer or user of aircraft fuel from either the use tax imposed by
RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020 shall be
transmitted to the state treasurer and credited to the state general fund. ((All
earnings of investments of balances in the aeronautics account shall be
credited to the general fund.))
Sec. 45. Section 3, chapter 207, Laws of 1967 as last amended by section 63, chapter 57, Laws of 1985 and RCW 47.68.236 are each amended to read as follows:
There is
hereby created in the state treasury an account to be known as the aircraft
search and rescue, safety, and education account. All moneys received by the
department under RCW 47.68.233 shall be deposited in such account. ((All
earnings of investments of balances in the aircraft search and rescue, safety,
and education account shall be credited to the general fund.))
Sec. 46. Section 43.79.201, chapter 8, Laws of 1965 as last amended by section 37, chapter 57, Laws of 1985 and RCW 43.79.201 are each amended to read as follows:
All moneys
in the state treasury to the credit of that fund now denoted as the C.E.P.
& R.I. fund on and after March 20, 1961, and all moneys thereafter paid
into the state treasury for or to the credit of such fund shall be and are
hereby transferred to and placed in the charitable, educational, penal and
reformatory institutions account, hereby created, in the state treasury, into
which ((fund)) account there shall also be deposited all moneys
arising from the sale, lease or transfer of the land granted by the United
States government to the state for charitable, educational, penal and
reformatory institutions by section 17 of the enabling act, or otherwise set
apart for such institutions, except all moneys arising from the sale, lease, or
transfer of that certain one hundred thousand acres of such land assigned for
the support of the University of Washington by chapter 91, Laws of 1903 and
section 9, chapter 122, Laws of 1893. ((All earnings of investments of
balances in the charitable, educational, penal and reformatory institutions
account shall be credited to the general fund.))
Sec. 47. Section 18, chapter 307, Laws of 1971 ex. sess. as last amended by section 68, chapter 57, Laws of 1985 and RCW 70.93.180 are each amended to read as follows:
There is
hereby created an account within the state treasury to be known as the
"litter control account". All assessments, fines, bail forfeitures,
and other funds collected or received pursuant to this chapter shall be
deposited in the litter control account and used for the administration and
implementation of this chapter except as required to be otherwise distributed
under RCW 70.93.070. ((All earnings of investments of balances in the
litter control account shall be credited to the general fund.))
Sec. 48. Section 1, chapter 158, Laws of 1963 as last amended by section 901, chapter 2, Laws of 1988 ex. sess. and RCW 46.08.172 are each amended to read as follows:
There is
hereby established an account in the state treasury to be known as the
"state capitol vehicle parking account". The director of the
department of general administration shall establish an equitable and
consistent employee parking rental fee for state owned or leased property,
effective July 1, 1988. All fees shall take into account the market rate of
comparable privately owned rental parking, as determined by the director. All
unpledged parking rental income collected by the department of general
administration from rental of parking space on the capitol grounds and the east
capitol site shall be deposited in the "state capitol vehicle parking account".
((All earnings of investments of balances in the state capitol vehicle
parking account shall be credited to the general fund.))
The "state capitol vehicle parking account" shall be used to pay costs incurred in the operation, maintenance, regulation and enforcement of vehicle parking and parking facilities at the state capitol.
Sec. 49. Section 4, chapter 5, Laws of 1965 as last amended by section 53, chapter 57, Laws of 1985 and RCW 43.99.040 are each amended to read as follows:
There is
created the marine fuel tax refund account in the state treasury. ((All
earnings of investments of balances in the marine fuel tax refund account shall
be credited to the general fund.)) From time to time, but at least once
each biennium, the director of licensing shall request the state treasurer to
refund from the motor vehicle fund amounts which have been determined to be tax
on marine fuel. The state treasurer shall refund such amounts and place them
in the marine fuel tax refund account to be held for those entitled thereto
pursuant to chapter 82.36 RCW and RCW 43.99.050, except that he shall not
refund and place in the marine fuel tax refund account for any period for which
a determination has been made pursuant to RCW 43.99.030 more than the greater
of the following amounts: (1) An amount equal to two percent of all moneys
paid to him as motor vehicle fuel tax for such period, (2) an amount necessary
to meet all approved claims for refund of tax on marine fuel for such period.
Sec. 50. Section 4, chapter 344, Laws of 1977 ex. sess. as amended by section 14, chapter 57, Laws of 1985 and RCW 28B.31.040 are each amended to read as follows:
Except for
that portion of the proceeds required to pay bond anticipation notes pursuant
to RCW 28B.31.020, the proceeds from the sale of the bonds and/or bond
anticipation notes authorized by this chapter, ((and any interest earned on
such proceeds,)) together with all grants, donations, transferred funds,
and all other moneys which the state finance committee or the board of regents
of Washington State University may direct the state treasurer to deposit
therein, shall be deposited in the Washington State University construction
account hereby created in the state treasury.
Sec. 51. Section 3, chapter 127, Laws of 1972 ex. sess. as amended by section 44, chapter 57, Laws of 1985 and RCW 43.83A.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter ((and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec. 52. Section 3, chapter 308, Laws of 1977 ex. sess. as last amended by section 73, chapter 57, Laws of 1985 and RCW 75.48.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter shall be deposited
in the salmon enhancement construction account hereby created in the state
treasury and shall be used exclusively for the purpose specified in RCW
75.48.020 and for payment of the expenses incurred in the issuance and sale of
the bonds. ((All earnings of investments of balances in the salmon
enhancement construction account shall be credited to the general fund.))
Sec. 53. Section 3, chapter 159, Laws of 1980 as amended by section 56, chapter 57, Laws of 1985 and RCW 43.99F.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter shall be deposited
in the state and local improvements revolving account, Waste Disposal
Facilities, 1980 hereby created in the state treasury and shall be used
exclusively for the purpose specified in this chapter and for payment of the
expenses incurred in the issuance and sale of the bonds. ((All earnings of
investments of balances of such account shall be credited to the state and
local improvements revolving account, Waste Disposal Facilities, 1980.))
Sec. 54. Section 2, chapter 135, Laws of 1973 1st ex. sess. as amended by section 11, chapter 57, Laws of 1985 and RCW 28B.10.851 are each amended to read as follows:
The
proceeds from the sale of the bonds authorized herein, together with all
grants, donations, transferred funds and all other moneys which the state
finance committee may direct the state treasurer to deposit therein shall be
deposited in the state higher education construction account hereby created in
the state treasury. ((All earnings of investments of balances in the state
higher education construction account shall be credited to the general fund.))
Sec. 55. Section 43.83.020, chapter 8, Laws of 1965 as last amended by section 9, chapter 3, Laws of 1987 1st ex. sess. and RCW 43.83.020 are each amended to read as follows:
The
proceeds from the sale of the bonds authorized herein shall be deposited in the
state building construction account which is hereby established in the state
treasury and shall be used exclusively for the purposes of carrying out the
provisions of the capital appropriation acts, and for payment of the expense
incurred in the printing, issuance, and sale of such bonds. ((All earnings
of investments of balances in the state building construction account shall be
credited to the general fund.))
Sec. 56. Section 3, chapter 133, Laws of 1972 ex. sess. as amended by section 17, chapter 57, Laws of 1985 and RCW 28B.56.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter ((and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the community college capital improvements account hereby created
in the state treasury and shall be used exclusively for the purposes specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec. 57. Section 20, chapter 15, Laws of 1970 ex. sess. as last amended by section 16, chapter 57, Laws of 1985 and by section 56, chapter 390, Laws of 1985 and RCW 28B.50.360 are each reenacted and amended to read as follows:
There is
hereby created in the state treasury a community college bond retirement ((fund))
account. Within thirty-five days from the date of start of each quarter
all building fees of each such community college shall be paid into the state
treasury, and shall be credited as follows:
(1) On or
before June 30th of each year the college board if issuing bonds payable out of
building fees shall certify to the state treasurer the amounts required in the
ensuing twelve-month period to pay and secure the payment of the principal of
and interest on such bonds. The state treasurer shall thereupon deposit the
amounts so certified in the community college bond retirement ((fund)) account
which ((fund)) account as required, is hereby created in the
state treasury. Such amounts of the funds deposited in the bond retirement ((fund))
account as are necessary to pay and secure the payment of the principal
of and interest on the building bonds issued by the college board as authorized
by this chapter shall be exclusively devoted to that purpose. If in any
twelve-month period it shall appear that the amount certified by the college
board is insufficient to pay and secure the payment of the principal of and
interest on the outstanding building bonds, the state treasurer shall notify
the college board and such board shall adjust its certificate so that all
requirements of moneys to pay and secure the payment of the principal and
interest on all such bonds then outstanding shall be fully met at all times.
(2) That
portion of the building fees not required for or in excess of the amounts
necessary to pay and secure the payment of any of the bonds as provided in
subsection (1) above shall be deposited in the community college capital
projects account which account is hereby created in the state treasury. The
sums deposited in the capital projects account shall be appropriated and
expended exclusively for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alteration of buildings and other capital
assets owned by the state board for community college education in the name of
the state of Washington, and the acquisition of sites, rights-of-way,
easements, improvements or appurtenances in relation thereto, and for the
payment of principal of and interest on any bonds issued for such purposes. ((All
earnings of investments of balances in the community college capital projects
account shall be credited to the general fund.))
(3)
Notwithstanding the provisions of subsections (1) and (2) above, at such time
as all outstanding building bonds of the college board payable from the
community college bond retirement ((fund)) account have been
paid, redeemed, and retired, or at such time as ample provision has been made
by the state for full payment, from some source other than the community
college bond retirement ((fund)) account, of the principal of and
the interest on and call premium, if applicable, of such bonds as they mature
and/or upon their call prior to their maturity, through refunding or otherwise,
that portion of all building fees of the community colleges equal to the amount
required to pay yearly debt service on any general obligation bonds issued by
the state in accordance with Article VIII, section 1, Washington state
Constitution, for community college purposes, shall be paid into the general
fund of the state treasury. The state finance committee shall determine
whether ample provision has been made for payment of such bonds payable from
the said bond retirement ((fund)) account and shall determine the
amount required to pay yearly debt service on such general obligation bonds of
the state. Nothing in this subsection shall be construed as obligating the
legislature or the state to provide for payment of such community college
building bonds from some source other than the community college bond
retirement ((fund)) account or as pledging the general credit of
the state to the payment of such bonds.
Sec. 58. Section 28B.40.370, chapter 223, Laws of 1969 ex. sess. as last amended by section 15, chapter 57, Laws of 1985 and by section 47, chapter 390, Laws of 1985 and RCW 28B.35.370 are each reenacted and amended to read as follows:
Within thirty-five days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:
(1) On or
before June 30th of each year the board of trustees of each regional university
and The Evergreen State College, if issuing bonds payable out of its building
fees and above described normal school fund revenues, shall certify to the
state treasurer the amounts required in the ensuing twelve months to pay and
secure the payment of the principal of and interest on such bonds. The amounts
so certified by each regional university and The Evergreen State College shall
be a prior lien and charge against all building fees and above described normal
school fund revenues of such institution. The state treasurer shall thereupon
deposit the amounts so certified in the Eastern Washington University bond
retirement ((fund)) account, the Central Washington University
bond retirement ((fund)) account, the Western Washington
University bond retirement ((fund)) account, or The Evergreen
State College bond retirement ((fund)) account respectively,
which ((funds)) accounts are hereby created in the state
treasury, such ((funds)) accounts for the regional universities
being redesignations for the Eastern Washington State College bond retirement
fund, the Central Washington State College bond retirement fund, and the
Western Washington State College bond retirement fund, respectively. The amounts
deposited in the respective bond retirement ((funds)) accounts
shall be used exclusively to pay and secure the payment of the principal of and
interest on the building bonds issued by such regional universities and The
Evergreen State College as authorized by law. If in any twelve month period it
shall appear that the amount certified by any such board of trustees is
insufficient to pay and secure the payment of the principal of and interest on
the outstanding building and above described normal school fund revenue bonds
of its institution, the state treasurer shall notify the board of trustees and
such board shall adjust its certificate so that all requirements of moneys to
pay and secure the payment of the principal of and interest on all such bonds
then outstanding shall be fully met at all times.
(2) All
building fees and above described normal school fund revenue not needed for or
in excess of the amounts certified to the state treasurer as being required to
pay and secure the payment of building or above described normal school fund
revenue bond principal or interest shall be deposited in the Eastern Washington
University capital projects account, the Central Washington University capital
projects account, the Western Washington University capital projects account,
or The Evergreen State College capital projects account respectively, which
accounts are hereby created in the state treasury, such funds for the regional
universities being redesignations for the Eastern Washington State College capital
projects account, the Central Washington State College capital projects
account, and the Western Washington State College capital projects account,
respectively. The sums deposited in the respective capital projects accounts
shall be appropriated and expended exclusively for the construction,
reconstruction, erection, equipping, maintenance, demolition and major
alteration of buildings and other capital assets, and the acquisition of sites,
rights-of-way, easements, improvements or appurtenances in relation thereto
except for any sums transferred therefrom as authorized by law. ((All
earnings of investments of balances in these respective capital projects
accounts shall be credited to the general fund.))
Sec. 59. Section 28B.30.730, chapter 223, Laws of 1969 ex. sess. as last amended by section 43, chapter 390, Laws of 1985 and RCW 28B.30.730 are each amended to read as follows:
For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of Washington State University or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars; and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university by the president of the board, attested by the secretary or the treasurer of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond retirement fund;
(6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:
(a) A
covenant that the building fees shall be established, maintained and collected
in such amounts that will provide money sufficient to pay the principal of and
interest on all bonds payable out of the bond retirement ((fund)) account,
to set aside and maintain the reserves required to secure the payment of such
principal and interest, and to maintain any coverage which may be required over
such principal and interest;
(b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;
(c) A
covenant that sufficient moneys may be transferred from the Washington State
University building account to the bond retirement ((fund)) account
when ordered by the board of regents in the event there is ever an insufficient
amount of money in the bond retirement ((fund)) account to pay any
installment of interest or principal and interest coming due on the bonds or
any of them;
(d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.
The
proceeds of the sale of all bonds((, exclusive of accrued interest which
shall be deposited in the bond retirement fund,)) shall be deposited in the
state treasury to the credit of the Washington State University building
account and shall be used solely for paying the costs of the projects.
Sec. 60. Section 5, chapter 65, Laws of 1975 1st ex. sess. as amended by section 18, chapter 57, Laws of 1985 and RCW 28B.57.050 are each amended to read as follows:
The
proceeds from the sale of the bonds and/or bond anticipation notes authorized
herein, together with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college board may direct the
state treasurer to deposit therein, shall be deposited in the 1975 community
college capital construction account, hereby created in the state treasury. ((All
earnings of investments of balances in the 1975 community college capital
construction account shall be credited to the general fund.))
Sec. 61. Section 6, chapter 5, Laws of 1965 as last amended by section 54, chapter 57, Laws of 1985 and RCW 43.99.060 are each amended to read as follows:
There is
created the outdoor recreation account in the state treasury, in which shall be
deposited all moneys received from the marine fuel tax refund account pursuant
to RCW 43.99.070, the proceeds of the bond issue authorized by ((chapter 12,
Laws of 1963, extraordinary session)) chapter 43.98 RCW, RCW 43.31.620
and 43.31.740, and any moneys made available to the state of Washington by
the federal government for outdoor recreation not specifically designated for
another fund or agency. ((All earnings of investments of balances in the
outdoor recreation account shall be credited to the general fund.))
Grants, gifts, or other financial assistance awarded or designated for a particular purpose, or proceeds received from public bodies as administrative cost contributions, may be received and, when appropriated by the legislature, may be expended in accordance with the general budget and accounting act.
Sec. 62. Section 3, chapter 128, Laws of 1972 ex. sess. as amended by section 45, chapter 57, Laws of 1985 and RCW 43.83B.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec. 63. Section 3, chapter 129, Laws of 1972 ex. sess. as amended by section 47, chapter 57, Laws of 1985 and RCW 43.83C.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account hereby created
in the state treasury and shall be used exclusively for the purpose specified
in this chapter and for payment of the expenses incurred in the issuance and
sale of the bonds.
Sec. 64. Section 3, chapter 130, Laws of 1972 ex. sess. as amended by section 48, chapter 57, Laws of 1985 and RCW 43.83D.030 are each amended to read as follows:
The
proceeds from the sale of bonds authorized by this chapter((, and any
interest earned on the interim investment of such proceeds,)) shall be
deposited in the state and local improvements revolving account in the state
treasury and shall be used exclusively for the purpose specified in this
chapter and for payment of the expenses incurred in the issuance and sale of
the bonds.
Sec. 65. Section 3, chapter 125, Laws of 1975-'76 2nd ex. sess. as amended by section 49, chapter 57, Laws of 1985 and RCW 43.83H.030 are each amended to read as follows:
At the time
the state finance committee determines to issue such bonds authorized in RCW
43.83H.010 or a portion thereof, pending the issuance of such bonds, it may
issue, in the name of the state, temporary notes in anticipation of the money
to be derived from the sale of the bonds, which notes shall be designated as
"anticipation notes". The proceeds from the sale of bonds and notes
authorized by this chapter shall be deposited in the state social and health
services construction account hereby created in the state treasury and shall be
used exclusively for the purposes specified in this chapter and for the payment
of expenses incurred in the issuance and sale of such bonds and notes:
PROVIDED, Such portion of the proceeds of the sale of such bonds as may be
required for the payment of the principal and interest on such anticipation
notes as have been issued, shall be deposited in the bond redemption fund
created in RCW 43.83H.050. ((All earnings of investments of balances in the
state social and health services construction account shall be credited to the
general fund.))
Sec. 66. Section 51, chapter 57, Laws of 1985 as amended by section 12, chapter 419, Laws of 1989 and RCW 43.84.092 are each amended to read as follows:
((Except
as provided in RCW 43.84.090,)) All earnings of investments of
surplus balances in the state treasury shall be deposited to the treasury
income account, which account is hereby established in the state treasury.
On or
before July 20 of each year, except as provided for in RCW 82.14.050,
the state treasurer shall distribute all earnings credited to the treasury
income account as of June 30 to the funds for the fiscal year in which it was
earned. Except as otherwise provided by statute, the state treasurer shall
credit the various accounts and funds in the state treasury their proportionate
share of earnings based upon each fund's average daily balance for the period:
PROVIDED, That earnings ((on the balances of the forest reserve fund, the
federal forest revolving fund, the liquor excise tax fund, the treasury income
account, the suspense account, the undistributed receipts account, the state
payroll revolving account, the agency vendor payment revolving fund, the local
leasehold excise tax account, and the local sales and use tax account shall be
credited to the state treasurer's service fund: PROVIDED FURTHER, That
earnings on the balances of the agency payroll revolving fund, the special fund
salary and insurance contribution increase revolving fund and special fund semimonthly
payroll revolving fund shall be credited to the state general fund)) to
be distributed shall first be reduced by the allocation to the state
treasurer's service account pursuant to RCW 43.08.190.
Sec. 67. Section 28A.46.010, chapter 223, Laws of 1969 ex. sess. as amended by section 9, chapter 57, Laws of 1985 and RCW 28A.46.010 are each amended to read as follows:
There is
created a special state school fund to be known as the state school
equalization fund, into which shall be deposited such funds as are directed by
law to be placed therein. Any amounts in this fund in excess of current
appropriations shall be transferred by the state treasurer to the general fund
quarterly, on or before the twenty-fifth day of January, April, July and
October of each year. All appropriations made by the legislature from the
state school equalization fund shall be paid out of moneys in the general fund
of the state. All warrants drawn on the state school equalization fund and presented
for payment shall be paid from the general fund of the state. ((All
earnings of investments of balances in the state school equalization fund shall
be credited to the general fund.))
Sec. 68. Section 60, chapter 35, Laws of 1945 as last amended by section 218, chapter 202, Laws of 1987 and RCW 50.16.010 are each amended to read as follows:
There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable. The unemployment compensation fund shall consist of
(1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
(2) ((interest
earned upon any moneys in the fund,
(3))) any property or securities acquired through the use of
moneys belonging to the fund,
(((4)))
(3) all earnings of such property or securities,
(((5)))
(4) any moneys received from the federal unemployment account in the
unemployment trust fund in accordance with Title XII of the social security
act, as amended,
(((6)))
(5) all money recovered on official bonds for losses sustained by the
fund,
(((7)))
(6) all money credited to this state's account in the unemployment trust
fund pursuant to section 903 of the social security act, as amended,
(((8)))
(7) all money received from the federal government as reimbursement
pursuant to section 204 of the federal-state extended compensation act of 1970
(84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(((9)))
(8) all moneys received for the fund from any other source.
All moneys in the unemployment compensation fund shall be commingled and undivided.
The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title after June 20, 1953, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for losses sustained by the fund, and revenue received under RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
(a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
(b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
Money in
the special account created under RCW 50.24.014 may only be expended, after
appropriation, for the purposes specified in ((this 1985 act)) RCW
74.09.035, 74.09.510, 74.09.520, and 74.09.700.
Sec. 69. Section 3, chapter 3, Laws of 1986 as amended by section 6, chapter 436, Laws of 1987 and by section 64, chapter 505, Laws of 1987 and RCW 70.146.030 are each reenacted and amended to read as follows:
(1) The
water quality account is hereby created in the state treasury. Moneys in the
account may be used only in a manner consistent with this chapter. Moneys
deposited in the account shall be administered by the department of ecology and
shall be subject to legislative appropriation. Moneys placed in the account
shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and
82.32.390, principal and interest from the repayment of any loans granted
pursuant to this chapter, and any other moneys appropriated to the account by
the legislature. ((All earnings from investment of balances in the water
quality account, except as provided in RCW 43.84.090, shall be credited to the
water quality account.))
(2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses. No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
(3) The department shall present a progress report each biennium on the use of moneys from the account to the chairs of the committees on ways and means of the senate and house of representatives, including one copy to the staff of each of the committees.
Sec. 70. Section 3, chapter 36, Laws of 1987 and RCW 70.164.030 are each amended to read as follows:
(((1)))
The low-income weatherization assistance account is created in the state
treasury. All moneys from the money distributed to the state pursuant to
@beExxon v. United States@ee, 561 F.Supp. 816 (1983), affirmed 773 F.2d
1240 (1985), or any other oil overcharge settlements or judgments distributed
by the federal government, that are allocated to the low-income weatherization
assistance account shall be deposited in the account. The department may
accept such gifts, grants, and endowments from public or private sources as may
be made from time to time, in trust or otherwise, and shall deposit such funds
in the account. Any moneys received from sponsor match payments shall be
deposited in the account. The legislature may also appropriate moneys to the
account. Moneys in the account shall be spent pursuant to appropriation and
only for the purposes and in the manner provided in RCW 70.164.040. Any moneys
appropriated that are not spent by the department shall return to the account.
(((2)
Notwithstanding RCW 43.84.090, all earnings of investments of balances in the
low-income weatherization assistance account shall be credited to the account.))
Sec. 71. Section 2, chapter 259, Laws of 1987 and RCW 79.90.555 are each amended to read as follows:
The aquatic
land dredged material disposal site account is hereby established in the state
treasury. The account shall consist of funds appropriated to the account;
funds transferred or paid to the account pursuant to settlements; court or
administrative agency orders or judgments; gifts and grants to the account; and
all funds received by the department of natural resources from users of aquatic
land dredged material disposal sites. After appropriation, moneys in the fund
may be spent only for the management and environmental monitoring of aquatic
land dredged material disposal sites. The account is subject to the allotment
procedure provided under chapter 43.88 RCW. ((Notwithstanding RCW
43.84.090, all earnings of investments of balances in the account shall be
credited to the account.))
Sec. 72. Section 1, chapter 428, Laws of 1987 and RCW 47.78.010 are each amended to read as follows:
There is
hereby established in the state treasury the rail development account. Money
in the account shall be used, after appropriation, for local rail passenger and
rail freight purposes. ((All earnings of investments of any balances in the
rail development account shall be credited to the rail development account.))
Sec. 73. Section 8, chapter 509, Laws of 1987 and RCW 22.09.411 are each amended to read as follows:
(1) There
is hereby established a fund to be known as the grain indemnity fund. The
grain indemnity fund shall consist of assessments remitted by licensees
pursuant to the provisions of RCW 22.09.416 through 22.09.426 ((and any
interest or earnings on the fund balance)).
(2) All assessments shall be paid to the department and shall be deposited in the grain indemnity fund. The state treasurer shall be the custodian of the grain indemnity fund. Disbursements shall be on authorization of the director. No appropriation is required for disbursements from this fund.
(3) The grain indemnity fund shall be used exclusively for purposes of paying claimants pursuant to this chapter, and paying necessary expenses of administering the grain indemnity fund, provided however, that one-half of the interest accumulated by the fund may be paid to the department to defray costs of administering the warehouse audit program. The state of Washington shall not be liable for any claims presented against the fund.
Sec. 74. Section 5, chapter 5, Laws of 1987 1st ex. sess. and RCW 70.47.030 are each amended to read as follows:
The basic
health plan trust account is hereby established in the state treasury. All
funds appropriated for this chapter shall be deposited in the basic health plan
trust account and may be expended without further appropriation. Disbursements
from other moneys in the account shall be made pursuant to appropriation and
upon warrants drawn by the Washington basic health plan administrator. Moneys
in the account shall be used exclusively for the purposes of this chapter,
including payments to participating managed health care systems on behalf of
enrollees in the plan and payment of costs of administering the plan. ((The
earnings on any surplus balances in the basic health plan trust account shall
be credited to the account, notwithstanding RCW 43.84.090.)) After January
1, 1988, the administrator shall not expend or encumber for an ensuing fiscal
period amounts exceeding ninety percent of the amounts anticipated to accrue in
the account during the fiscal period.
Sec. 75. Section 18, chapter 109, Laws of 1988 and RCW 2.14.070 are each amended to read as follows:
The
judicial retirement administrative account is created in the state treasury.
All expenses of the administrator for the courts under this chapter, including
staffing and administrative expenses, shall be paid out of the administrative
account. ((Notwithstanding RCW 43.84.090, all earnings of investments of
balances in the administrative account shall be credited to this account.))
Any excess ((of earnings of investments of balances credited to)) balance
of this account over administrative expenses disbursed from this account
shall be ((expended)) transferred to the principal account. Any
deficiency in the administrative account caused by an excess of administrative
expenses disbursed from this account over ((earnings of investments of
balances credited to)) the excess balance of this account shall be
transferred to this account from the principal account.
Sec. 76. Section 508, chapter 9, Laws of 1989 1st ex. sess. and RCW 70.170.080 are each amended to read as follows:
The basic
expenses for the hospital data collection and reporting activities of this
chapter shall be financed by an assessment against hospitals of no more than
four one-hundredths of one percent of each hospital's gross operating costs, to
be levied and collected from and after that date, upon which the similar
assessment levied under chapter 70.39 RCW is terminated, for the provision of
hospital services for its last fiscal year ending on or before June 30th of the
preceding calendar year. Budgetary requirements in excess of that limit must
be financed by a general fund appropriation by the legislature. All moneys
collected under this section shall be deposited by the state treasurer in the
hospital data collection account which is hereby created in the state
treasury. ((All earnings on investments of balances in the hospital data
collection account shall be credited to the general fund.)) The department
may also charge, receive, and dispense funds or authorize any contractor or
outside sponsor to charge for and reimburse the costs associated with special
studies as specified in RCW 70.170.050.
Any amounts raised by the collection of assessments from hospitals provided for in this section which are not required to meet appropriations in the budget act for the current fiscal year shall be available to the department in succeeding years.
Sec. 77. Section 11, chapter 346, Laws of 1989 and RCW 90.76.100 are each amended to read as follows:
The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain:
(1) All fees collected under RCW 90.76.090; and
(2) All
fines or penalties collected under RCW 90.76.080((; and
(3) Any
interest earned on the account, subject to RCW 43.84.090)).
Sec. 78. Section 90, chapter 431, Laws of 1989 and RCW 70.95.800 are each amended to read as follows:
The solid
waste management account is created in the state treasury. Moneys in the
account may only be spent after appropriation. Expenditures from the account
may only be used to carry out the purposes of this act. ((All earnings from
the investment of balances in the solid waste management account except as
provided in RCW 43.84.090, shall be deposited into the solid waste management
account.))
Sec. 79. Section 5, chapter 201, Laws of 1989 and RCW 59.21.050 are each amended to read as follows:
(1) The mobile home park relocation fund is created in the custody of the state treasurer. All legislative appropriations for mobile home relocation assistance, receipts from assessments collected under RCW 59.21.060, and amounts required to be paid by park-owners shall be deposited into the fund. Expenditures from the fund may be used only for administration of the fund, relocation assistance under RCW 59.21.020, or transfer to the mobile home park purchase fund under subsection (2) of this section. Only the director of community development or the director's designee may authorize expenditures from the fund. All relocation payments, including those due from the park-owner shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) ((The
state treasurer shall maintain the fund and shall invest the fund moneys.
Moneys earned on these investments shall be deposited in the fund and shall be
used for the same purposes as other fund moneys.)) Unexpended and unencumbered
moneys that remain in the fund at the end of the fiscal year do not revert to
the state general fund but remain in the fund, separately accounted for, as a
contingency reserve, or if the director determines at the end of any fiscal
year beginning after December 31, 1991, that the fund contains a surplus over
the projected amount needed for relocation during the upcoming year(s), any
surplus may be transferred to the mobile home park purchase fund created by
chapter 59.22 RCW. However, the director may cause any uncommitted funds in
the mobile home park purchase fund which were transferred from the mobile home
park relocation fund to be transferred back to the mobile home park relocation
fund if that fund cannot otherwise meet its current obligations.
(3) A tenant who is entitled to relocation assistance under this chapter is entitled to payment only after submitting an application which includes: (a) A copy of the notice from the parkowner that the tenancy is terminated due to closure of the park; (b) a copy of the rental agreement currently in force; and (c) a copy of the contract entered into for the purpose of relocating the mobile home, which includes the date of relocation.
(4) The director may adopt rules for the administration of the fund.
(5) The department may use money from the fund to offset the necessary costs of administering the fund. Administrative cost reimbursement shall not exceed fifty thousand dollars or five percent of the revenue to the fund for any given fiscal year, whichever is greater, to offset expenses incurred during that year.
Sec. 80. Section 2, chapter 131, Laws of 1979 and RCW 47.56.712 are each amended to read as follows:
(1) The refunding bonds authorized by RCW 47.56.711 shall be general obligation bonds of the state of Washington and shall be issued in a total principal amount of not to exceed five million six hundred thousand dollars. The exact amount of the refunding bonds to be issued shall be determined by the state finance committee after calculating the amount of money deposited in the Spokane river bridge revenue bond fund which can be used to redeem outstanding series A Spokane river toll bridge revenue bonds after the setting aside of sufficient money from that fund to pay the first interest installment on the refunding bonds. The refunding bonds shall be serial in form maturing at such time, in such amounts, having such denomination or denominations, redemption privileges, and having such terms and conditions as determined by the state finance committee. The last maturity date of the refunding bonds shall not be later than 1996. Refunding bonds to be exchanged for the remaining outstanding series A Spokane river toll bridge revenue bonds shall bear interest at the rate of four and one-half percent per annum. Refunding bonds to be exchanged for the outstanding series B Spokane river toll bridge revenue bonds shall bear interest at the rate of five percent per annum.
(2) The refunding bonds shall be signed by the governor and the state treasurer under the seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and any coupons attached to the bonds shall be signed by the same officers, whose signatures thereon may be in printed facsimile. Any of these bonds may be registered in the name of the holder on presentation to the state treasurer of at the fiscal agency of the state of Washington in Seattle or New York City, as to principal alone, or as to both principal and interest, under regulations as the state treasurer may prescribe. The refunding bonds shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state, and shall contain an unconditional promise to pay the principal thereof and the interest thereon when due. The refunding bonds shall be fully negotiable instruments.
(3) The principal and interest on the refunding bonds shall be first payable in the manner provided in RCW 47.56.711 through 47.56.716 from the proceeds of state excise taxes on motor vehicle and special fuels imposed by chapters 82.36, 82.37, and 82.38 RCW and from the tolls and revenues derived from the operation of the Spokane river toll bridge.
(4) There
is established in the highway bond retirement fund in the state treasury a
special account to be known as the Spokane river toll bridge account into which
shall be deposited at least monthly all of the tolls and other revenues
received from the operation of the toll bridge ((and from any interest which
may be earned from the deposit or investment of these revenues after the
payment of costs of operation, maintenance, management, and necessary repairs
of the facility)). The principal of and interest on the refunding bonds
shall be paid first from money deposited in the Spokane river toll bridge
account in the highway bond retirement fund, and then, to the extent that money
deposited in that account is insufficient to make any such payment when due,
from the state excise taxes on motor vehicle and special fuels deposited in the
highway bond retirement fund. There is hereby pledged the proceeds of state
excise taxes on motor vehicle and special fuels imposed under chapters 82.36,
82.37, and 82.38 RCW to pay the refunding bonds and interest thereon, and the
legislature hereby agrees to continue to impose the same excise taxes on motor
vehicle and special fuels in amounts sufficient to pay, when due, the principal
and interest on the refunding bonds to the money deposited in the Spokane river
toll bridge account is insufficient to make such payments. Not less than
fifteen days prior to the date any interest or principal and interest payments
are due, the state finance committee shall certify to the state treasurer such
amount of additional moneys as may be required for debt service, and the
treasurer shall thereupon transfer from the motor vehicle fund such amount from
the proceeds of such excise taxes into the highway bond retirement fund. Any
proceeds of such excise taxes required for these purposes shall first be taken
from that portion of the motor vehicle fund which results from the imposition
of the excise taxes on motor vehicle and special fuels and which is distributed
to the state. If the proceeds from the excise taxes distributed to the state
are ever insufficient to meet the required payments on principal or interest on
the refunding bonds when due, the amount required to make the payments on the
principal or interest shall next be taken from that portion of the motor
vehicle fund which results from the imposition of excise taxes on motor vehicle
and special fuels and which is distributed to the state, counties, cities, and
towns pursuant to RCW 46.68.100 as now existing or hereafter amended. Any
payments of the principal or interest taken from the motor vehicle or special
fuel tax revenues which are distributable to the counties, cities, and towns
shall be repaid from the first moneys distributed to the state not required for
redemption of the refunding bonds or interest thereon. The legislature
covenants that it shall at all times provide sufficient revenues from the
imposition of such excise taxes to pay the principal and interest due on the
refunding bonds.
(5) The department of transportation shall fix and maintain the tolls and charges in the manner provided by RCW 47.56.240 so that when collected they will produce revenues sufficient to pay all expenses of operating, maintaining, managing, and repairing the toll bridge including all insurance costs and the amounts required to pay the principal and interest on the refunding bonds when due and to satisfy the other obligations set forth in RCW 47.56.711 through 47.56.716 and 47.56.220 as now or hereafter amended. The principal of and interest on the refunding bonds shall constitute a first direct and exclusive charge and lien on all such tolls and other revenues and interest thereon received from the use and operation of the Spokane river toll bridge, after the payment of all expenses of operating, maintaining, managing, and repairing the toll bridge, and such tolls and revenues together with interest earned thereon, and all other money deposited in the Spokane river toll bridge account in the highway bond redemption fund, shall constitute a trust fund for the security and payment of such bonds and shall not be used or pledged for any other purpose as long as such bonds or any of them are outstanding and unpaid.
(6) The state finance committee may on behalf of the state make such covenants in connection with the refunding bond proceedings or otherwise to assure the maintenance of the tolls and charges on the Spokane river toll bridge, the proper application thereof, the proper operation, maintenance, management, and repair of the bridge to provide for and secure the timely payment of the refunding bonds. Such covenants shall be binding on the department of transportation and transportation commission.
Sec. 81. Section 6, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.060 are each amended to read as follows:
There is hereby created in the state treasury the institutions of higher education refunding bond retirement fund of 1977, which fund shall be devoted to the payment of principal of, interest on and redemption premium, if any, on the bonds authorized to be issued pursuant to this chapter.
The state finance committee shall, on or before June 30 of each year, certify to the state treasurer the amount needed in the next succeeding twelve months to pay the installments of principal of and interest on the refunding bonds coming due in such period. The state treasurer shall, not less than thirty days prior to the due date of each installment, withdraw from any general state revenues received in the state treasury an amount equal to the amount certified by the state finance committee as being required to pay such installment; shall deposit such amount in the institutions of higher education refunding bond retirement fund of 1977; and shall apply in a timely manner the funds so deposited to the payment of the installment due on the bonds.
((Moneys
in the said bond retirement fund may be invested as determined by the state
finance committee. Any interest and profits derived from such interim
investment shall be deposited into the said bond retirement fund.))
Sec. 82. Section 2, chapter 15, Laws of 1973 1st ex. sess. as amended by section 47, chapter 7, Laws of 1984 and RCW 43.79A.020 are each amended to read as follows:
There is created a trust fund outside the state treasury to be known as the "treasurer's trust fund." All nontreasury trust funds which are in the custody of the state treasurer on April 10, 1973, shall be placed in the treasurer's trust fund and be subject to the terms of this chapter. Funds of the state department of transportation shall be placed in the treasurer's trust fund only if mutually agreed to by the state treasurer and the department. In order to assure an orderly transition to a centralized management system, the state treasurer may place each of such trust funds in the treasurer's trust fund at such times as he deems advisable. Except for department of transportation trust funds, all such funds shall be incorporated in the treasurer's trust fund by June 30, 1975. Other funds in the custody of state officials or state agencies may, upon their request, be established as accounts in the treasurer's trust fund with the discretionary concurrence of the state treasurer. All income received from the treasurer's trust fund investments shall be deposited in the investment income account pursuant to RCW 43.79A.040.
Sec. 83. Section 2, chapter 27, Laws of 1973 as amended by section 506, chapter 405, Laws of 1985 and RCW 43.08.190 are each amended to read as follows:
There is hereby created a fund within the state treasury to be known as the "state treasurer's service fund". Such fund shall be used solely for the payment of costs and expenses incurred in the operation and administration of the state treasurer's office.
((The
office of financial management may direct the state treasurer to transfer to
the general fund an amount not to exceed two million dollars from the state
treasurer's service fund for the 1983-85 fiscal biennium.)) On or
before July 20th of each year, moneys equivalent to a maximum of one percent of
each fund's or account's average daily cash balance shall be allocated from the
prior fiscal years earnings generated under the authority of RCW 43.79A.040 and
43.84.080 and placed in the state treasurer's service fund. The allocation
shall precede the distribution of the remaining earnings as prescribed under
RCW 43.79A.040 and 43.84.080. The state treasurer shall establish the
allocation to the state treasurer's service fund. The allocation rate shall be
based on the appropriations for the treasurer's office.
Sec. 84. Section 4, chapter 180, Laws of 1971 ex. sess. as amended by section 3, chapter 262, Laws of 1989 and by section 7, chapter 388, Laws of 1989 and RCW 90.48.390 are each reenacted and amended to read as follows:
The coastal protection fund is established to be used by the department as a revolving fund for carrying out the purposes of RCW 90.48.315 through 90.48.365, 78.52.020, 78.52.125, 82.36.330, 90.48.142, 90.48.315, 90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907, and 90.48.366 through 90.48.368. To this fund there shall be credited penalties, fees, damages, and charges received pursuant to the provisions of RCW 90.48.142 and 90.48.315 through 90.48.365, compensation for damages received under RCW 90.48.366 through 90.48.368, and an amount equivalent to one cent per gallon from each marine use refund claim under RCW 82.36.330.
Moneys in
the fund not needed currently to meet the obligations of the department in the
exercise of its powers, duties, and functions under RCW 90.48.315 through
90.48.365 and RCW 78.52.020, 78.52.125, 82.36.330, 90.48.142, 90.48.315,
90.48.370 through 90.48.410, 90.48.903, 90.48.906 and 90.48.907 shall be
deposited with the state treasurer to the credit of the fund(( and may be
invested in such manner as is provided for by law. Interest received on such
investment shall be credited to the fund)).
Sec. 85. Section 4, chapter 15, Laws of 1973 1st ex. sess. and RCW 43.79A.040 are each amended to read as follows:
Money in the treasurer's trust fund may be deposited, invested and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
All income
received from investment of the treasurer's trust fund shall be set aside in an
account in the treasury trust fund to be known as the investment income
account. On or before July 20 of each year, the state treasurer shall
distribute all money in the investment income account ((in the following
manner. Twenty percent to the treasurer's service fund in the state treasury
to help defray the costs of managing the treasurer's trust fund)). However,
the earnings to be distributed shall first be reduced by the allocation to the
state treasurer's service account pursuant to RCW 43.08.190. The remaining
((eighty percent)) earnings shall be divided among the various
agency accounts from which such investments were made, in proportion to the
respective balances thereof.
Sec. 86. Section 2, chapter 459, Laws of 1987 and RCW 28C.10.082 are each amended to read as follows:
The tuition
recovery fund is hereby established in the custody of the state treasurer. The
agency shall deposit in the fund all moneys received under RCW 28C.10.084.
Moneys in the fund may be spent only for the purposes under RCW 28C.10.084.
Disbursements from the fund shall be on authorization of the agency. The fund
is subject to the allotment procedure provided under chapter 43.88 RCW, but no
appropriation is required for disbursements. ((All earnings of investments
of such balances shall be credited to the tuition recovery fund.))
Sec. 87. Section 3, chapter 294, Laws of 1986 and RCW 43.250.030 are each amended to read as follows:
There is
created a trust fund in the state treasury to be known as the public funds
investment account. All moneys remitted by local government officials under
this chapter shall be deposited in this account. ((The)) All
earnings on any balances in the public funds investment account, less moneys
for administration pursuant to RCW 43.250.060, shall be credited to the
public funds investment account, notwithstanding RCW ((43.84.090)) 43.08.190.
Sec. 88. Section 2, chapter 298, Laws of 1986 as amended by section 6, chapter 513, Laws of 1987 and RCW 43.185.030 are each amended to read as follows:
There is
hereby created a fund in the office of the treasurer known as the Washington
housing trust fund. The housing trust fund shall include revenue from the
sources established by this chapter, appropriations by the legislature, private
contributions, and all other sources. ((Eighty percent of the return on the
fund in the form of investment income or interest shall be added to the
principal of the fund. The remaining twenty percent shall be placed in the
general fund.))
Sec. 89. Section 3, chapter 147, Laws of 1987 and RCW 28B.10.882 are each amended to read as follows:
Funds
appropriated by the legislature for the graduate fellowship program shall be
deposited in the graduate fellowship trust fund. ((All moneys deposited in
the fund shall be invested by the state treasurer. Notwithstanding RCW
43.84.090, all earnings of investments of balances in the fund shall be
credited to the fund.)) At the request of the higher education
coordinating board under RCW 28B.10.884, the treasurer shall release the state
matching funds to the designated institution's local endowment fund. No
appropriation is required for expenditures from the fund.
Sec. 90. Section 3, chapter 383, Laws of 1989 and RCW 70.148.020 are each amended to read as follows:
The
pollution liability reinsurance program trust account is established in the
custody of the state treasurer. All funds appropriated for this chapter and
all premiums collected for reinsurance shall be deposited in the account.
Expenditures from the account shall be used exclusively for the purposes of
this chapter including payment of costs of administering the program. The
account is subject to allotment procedures under chapter 43.88 RCW.
Expenditures for payment of the costs of administering the program may be made
only after appropriation by statute. No appropriation is required for other
expenditures from the account. ((The earnings on any surplus balances in
the pollution liability reinsurance program trust account shall be credited to
the account notwithstanding RCW 43.84.090.))
Sec. 91. Section 5, chapter 419, Laws of 1989 and RCW 4.92.220 are each amended to read as follows:
(1) A risk management account is hereby created in the treasury to be an appropriated account used exclusively for the payment of costs related to:
(a) The administration of liability, property and vehicle claims, including investigation, claim processing, negotiation and settlement, and other expenses relating to settlements and judgments against the state not otherwise budgeted; and
(b) Purchase of liability and property insurance, including catastrophic insurance, subject to policy conditions and limitations determined by the risk manager.
(2) ((Earnings
on the account's assets shall be credited to the account, notwithstanding RCW
43.84.090.
(3))) The risk management account shall be financed through
a combination of direct appropriations and assessments to state agencies.
Sec. 92. Section 7, chapter 159, Laws of 1963 as last amended by section 4, chapter 419, Laws of 1989 and RCW 4.92.130 are each amended to read as follows:
A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers.
(1) The purpose of the liability account is to: (a) Expeditiously pay legal liabilities of the state resulting from tortious conduct; (b) promote risk control through a cost allocation system which recognizes agency loss experience, levels of self-retention, and levels of risk exposure; and (c) establish an actuarially sound system to pay incurred losses, within defined limits.
(2) The liability account shall be used to pay claims for injury and property damages exclusive of legal defense costs and agency-retained expenses otherwise budgeted.
(3) No money shall be paid from the liability account unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted and unless:
(a) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or
(b) The claim has been approved for payment.
(4) ((Earnings
on the account's assets shall be credited to the account, notwithstanding RCW
43.84.090.
(5))) The liability account shall be financed through annual
premiums assessed to state agencies, based on sound actuarial principles, and
shall be for liability coverage in excess of agency-budgeted self-retention
levels.
(((6)))
(5) Annual premium levels shall be determined by the risk manager, with
the consultation and advice of the risk management advisory committee and
concurrence from the office of financial management. An actuarial study shall
be conducted to assist in determining the appropriate level of funding.
(((7)))
(6) Disbursements from the liability account shall be made to the
claimant, or to the clerk of the court for judgments, upon written request to the
state treasurer from the risk manager.
(((8)))
(7) The director of the office of financial management may direct
agencies to transfer moneys from other funds and accounts to the liability
account if premiums are delinquent.
(((9)))
(8) The liability account shall not exceed fifty percent of the
actuarial value of the outstanding liability as determined annually by the
office of risk management. If the account exceeds the maximum amount specified
in this section, premiums may be adjusted by the office of risk management in
order to maintain the account balance at the maximum limits. If, after
adjustment of premiums, the account balance remains above the limits specified,
the excess amount will be prorated back to the appropriate funds.
Sec. 93. Section 9, chapter 274, Laws of 1947 as last amended by section 21, chapter 273, Laws of 1989 and RCW 41.40.080 are each amended to read as follows:
(1) All bonds or other obligations purchased according to RCW 43.84.150 shall be forthwith placed in the hands of the state treasurer who is hereby designated as custodian thereof, and it shall be his duty to collect the principal thereof and the interest thereon as the same becomes due and payable, and place the same when so collected into the retirement system's funds.
(2) The state treasurer shall be the custodian of all other funds of the retirement system and all disbursements therefrom shall be paid by the state treasurer upon vouchers duly authorized by the department and bearing the signature of the duly authorized officer of the department.
(3) The
state treasurer is hereby authorized and directed to deposit any portion of the
funds of the retirement system not needed for immediate use in the same manner
and subject to all the provisions of law with respect to the deposit of state
funds by such treasurer, ((and all interest earned by such portion of the
retirement system's funds as may be deposited by the state treasurer in
pursuance of authority herewith given shall be collected by him and placed to
the credit of the retirement fund or the department of retirement systems
expense fund)) less the allocation to the state treasurer's service
account pursuant to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160.
(4) There is hereby established in the state treasury three separate funds, namely:
(a) The public employees' retirement system plan I fund and the public employees' plan II fund, into which shall be paid all moneys received by the department and from which shall be paid all refunds, adjustments, retirement allowances and other benefits provided for herein. The plan I fund shall consist of all moneys paid to finance the benefits, provided to members of plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of plan II. All contributions by members to the department of retirement systems expense fund as provided in RCW 41.40.330 and contributions by employers for the expense of operating the retirement system as provided for herein shall be transferred by the state treasurer from the retirement system fund to the department of retirement systems expense fund upon authorization of the department;
(b) The department of retirement systems expense fund, from which shall be paid the expenses of the administration of the retirement system.
(5) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall, after crediting the estimated amount to be collected as employees' contributions, ascertain and report to each employer the sum necessary to defray its proportional share of the entire expense of the administration of this chapter during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the said administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
(6) The department shall compute and bill each employer at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each such employer shall be made on a percentage rate of salary established by the department: PROVIDED, That the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
(7) For the purpose of providing amounts to be used to defray the cost of such administration, the department shall ascertain at the beginning of each biennium and request from the legislature an appropriation from the department of retirement systems expense fund sufficient to cover estimated expenses for the said biennium.
Sec. 94. Section 28B.40.751, chapter 223, Laws of 1969 ex. sess. as amended by section 87, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.751 are each amended to read as follows:
All moneys received from the lease or rental of lands set apart by the enabling act for state normal schools purposes; all interest or income arising from the proceeds of the sale of such lands or of the timber, fallen timber, stone, gravel, or other valuable material thereon, less the allocation to the state treasurer's service account pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such lands, shall from time to time be paid into the state treasury and credited to the Eastern Washington University, Central Washington University, Western Washington University and The Evergreen State College accounts as herein provided to be expended for capital projects, and bond retirement purposes as set forth in RCW 28B.35.750, as now or hereafter amended. Eastern Washington University, Central Washington University, Western Washington University, and The Evergreen State College shall be credited with one-fourth of the total amount: PROVIDED, That Eastern Washington University, Central Washington University and Western Washington University shall each be credited with one-third of the total amount for so long as there remain unpaid and outstanding any bonds which are payable in whole or in part out of the moneys, interest or income described in this section.
Sec. 95. Section 28B.20.800, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.800 are each amended to read as follows:
All moneys hereafter received from the lease or rental of lands set apart for the University of Washington by chapter 91, Laws of 1903 and section 9, chapter 122, Laws of 1893, and all interest or income arising from the proceeds of the sale of such land, less the allocation to the state treasurer's service account pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160, and all proceeds from the sale of timber, fallen timber, stone, gravel, or other valuable material and all other receipts therefrom shall be deposited to the credit of the "University of Washington bond retirement fund" to be expended for the purposes set forth in RCW 28B.20.720. All proceeds of sale of such lands, exclusive of interest, shall be deposited to the credit of the state university permanent fund, shall be retained therein and shall not be transferred to any other fund or account. All interest earned or income received from the investment of the money in the state university permanent fund shall be deposited to the credit of the University of Washington bond retirement fund.
As a part of the contract of sale of bonds payable out of the University of Washington bond retirement fund, the board of regents of the University of Washington may covenant that all moneys derived from the above provided sources, which are required to be paid into the bond retirement fund, shall continue to be paid into such bond retirement fund for as long as any of such bonds are outstanding.
Sec. 96. Section 3, chapter 261, Laws of 1945 as last amended by section 1, chapter 91, Laws of 1989 and by section 1, chapter 194, Laws of 1989 and RCW 41.24.030 are each reenacted and amended to read as follows:
There is created in the state treasury a trust fund for the benefit of the fire fighters of the state covered by this chapter, which shall be designated the volunteer fire fighters' relief and pension fund and shall consist of:
(1) All bequests, fees, gifts, emoluments, or donations given or paid to the fund.
(2) An annual fee for each member of its fire department to be paid by each municipal corporation for the purpose of affording the members of its fire department with protection from death or disability as herein provided as follows:
(a) Ten dollars for each volunteer or part-paid member of its fire department;
(b) A sum equal to one and one-half of one percent of the annual salary attached to the rank of each full-paid member of its fire department, prorated for 1970 on the basis of services prior to March 1, 1970.
(3) Where a municipal corporation has elected to make available to the members of its fire department the retirement provisions as herein provided, an annual fee of thirty dollars for each of its fire fighters electing to enroll therein, ten dollars of which shall be paid by the municipality and twenty dollars of which shall be paid by the fire fighter.
(4) Forty percent of all moneys received by the state from taxes on fire insurance premiums shall be paid into the state treasury and credited to the fund.
(5) The state investment board, upon request of the state treasurer shall have full power to invest or reinvest such portion of the amounts credited to the fund as is not, in the judgment of the treasurer, required to meet current withdrawals. Such investments shall be made in the manner prescribed by RCW 43.84.150 and not otherwise.
(6) All bonds or other obligations purchased according to subsection (5) of this section shall be forthwith placed in the custody of the state treasurer, and he shall collect the principal thereof and interest thereon when due.
The state investment board may sell any of the bonds or obligations so acquired and the proceeds thereof shall be paid to the state treasurer.
The interest and proceeds from the sale and redemption of any bonds or other obligations held by the fund shall be credited to and form a part of the fund, less the allocation to the state treasurer's service account pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160.
All amounts credited to the fund shall be available for making the payments required by this chapter.
The state treasurer shall make an annual report showing the condition of the fund.
Sec. 97. Section 3, chapter 8, Laws of 1987 and RCW 28B.10.868 are each amended to read as follows:
Funds
appropriated by the legislature for the distinguished professorship program
shall be deposited in the distinguished professorship trust fund. ((All
moneys deposited in the fund shall be invested by the state treasurer.
Notwithstanding RCW 43.84.090, all earnings of investments of balances of the
fund shall be credited to the fund.)) At the request of the higher
education coordinating board under RCW 28B.10.870, the treasurer shall release
the state matching funds to the designated institution's local endowment fund.
No appropriation is required for expenditures from the fund.
Sec. 98. Section 1, chapter 60, Laws of 1969 ex. sess. and RCW 42.26.010 are each amended to read as follows:
An agency
vendor payment revolving ((fund)) account is hereby created in
the state treasury. This ((fund)) account is to be used for
payment for services rendered or materials furnished to the state, which are
properly payable from funds other than those appropriated from the state
treasury: PROVIDED, That the use of this revolving ((fund)) account
by a state agency shall be optional: AND PROVIDED FURTHER, That payment of
salaries and wages shall be subject to the provisions of chapter 42.16 RCW. All
earnings of the investment of balances in the account, less the allocation to the
state treasurer's service account pursuant to RCW 43.08.190, shall be credited
to the general fund.
Sec. 99. Section 10, chapter 107, Laws of 1988 and RCW 41.05.120 are each amended to read as follows:
(1) The
state employees' insurance account is hereby established in the custody of the
state treasurer, to be used by the administrator for the deposit of
contributions, reserves, dividends, and refunds, and for payment of premiums
for employee insurance benefit contracts. Moneys from the account shall be
disbursed by the state treasurer by warrants on vouchers duly authorized by the
administrator. ((Notwithstanding RCW 43.84.090, all earnings of investments
of balances in the account shall be credited to the account.))
(2) The state treasurer and the state investment board may invest moneys in the state employees' insurance account. All such investments shall be in accordance with RCW 43.84.080 or 43.84.150, whichever is applicable. The administrator shall determine whether the state treasurer or the state investment board or both shall invest moneys in the state employees' insurance account.
Sec. 100. Section 1, chapter 274, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 121, Laws of 1987 and by section 11, chapter 475, Laws of 1987 and RCW 41.04.260 are each reenacted and amended to read as follows:
(1) There is hereby created a committee for deferred compensation to be composed of five members appointed by the governor, one of whom shall be a representative of an employee association or union certified as an exclusive representative of at least one bargaining unit of classified employees, one who shall be a representative of either a credit union, savings and loan association, mutual savings bank or bank, one who possesses expertise in the area of insurance or investment of public funds, one who shall be the state attorney general or his designee, and one additional member selected by the governor. The committee shall serve without compensation but shall receive travel expenses as provided for in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(2) The deferred compensation principal account is hereby created in the state treasury. Any deficiency in the deferred compensation administrative account caused by an excess of administrative expenses disbursed from that account over earnings of investments of balances credited to that account shall be transferred to that account from the deferred compensation principal account.
The amount of compensation deferred by employees under agreements entered into under the authority contained in RCW 41.04.250 shall be paid into the deferred compensation principal account and shall be sufficient to cover costs of administration and staffing in addition to such other amounts as determined by this committee. The deferred compensation principal account shall be used to carry out the purposes of RCW 41.04.250. All eligible state employees shall be given the opportunity to participate in agreements entered into by the committee under RCW 41.04.250. State agencies shall cooperate with the committee in providing employees with the opportunity to participate. Any county, municipality, or other subdivision of the state may elect to participate in any agreements entered into by the committee under RCW 41.04.250, including the making of payments therefrom to the employees participating in a deferred compensation plan upon their separation from state or other qualifying service. Accordingly, the deferred compensation principal account shall be considered to be a public pension or retirement fund within the meaning of Article XXIX, section 1 of the state Constitution, for the purpose of determining eligible investments and deposits of the moneys therein. All moneys in the deferred compensation principal account, all property and rights purchased therewith, and all income attributable thereto, shall remain (until made available to the participating employee or other beneficiary) solely the money, property, and rights of the state and participating counties, municipalities and subdivisions (without being restricted to the provision of benefits under the plan) subject only to the claims of the state's and participating jurisdictions' general creditors. Participating jurisdictions shall each retain property rights separately.
(3) The
state investment board, at the request of the deferred compensation committee,
is authorized to invest moneys in the deferred compensation principal account
in accordance with RCW 43.84.150. Except as provided in RCW 43.33A.160, one
hundred percent of all earnings from these investments shall accrue directly to
the deferred compensation principal account. ((The earnings on any surplus
balances in the deferred compensation principal account shall be credited to
the deferred compensation principal account, notwithstanding RCW 43.84.090.))
(4) The
deferred compensation administrative account is hereby created in the state
treasury. All expenses of the committee including staffing and administrative
expenses shall be paid out of the deferred compensation administrative
account. ((Notwithstanding RCW 43.84.090, all earnings of investments of
balances in the deferred compensation administrative account shall be credited
to this account.)) Any excess of earnings of investments of balances
credited to this account over administrative expenses disbursed from this
account shall be expended to the deferred compensation principal account. Any
deficiency in the deferred compensation administrative account caused by an
excess of administrative expenses disbursed from this account over earnings of
investments of balances credited to this account shall be transferred to this
account from the deferred compensation principal account.
(5) In addition to the duties specified in this section and RCW 41.04.250, the deferred compensation committee shall administer the salary reduction plan established in RCW 41.04.600 through 41.04.645.
(6) The deferred compensation committee shall keep or cause to be kept full and adequate accounts and records of the assets, obligations, transactions, and affairs of any deferred compensation plans created under RCW 41.04.250 through 41.04.260.
The deferred compensation committee shall file an annual report of the financial condition, transactions, and affairs of the deferred compensation plans under the committee's jurisdiction. A copy of the annual report shall be filed with the speaker of the house of representatives, the president of the senate, the governor, and the state auditor.
(7) Members of the deferred compensation committee shall be deemed to stand in a fiduciary relationship to the employees participating in the deferred compensation plans created under RCW 41.04.250 through 41.04.260 and shall discharge the duties of their respective positions in good faith and with that diligence, care, and skill which ordinary prudent persons would exercise under similar circumstances in like positions.
(8) The committee may adopt rules necessary to carry out the purposes of RCW 41.04.250 and 41.04.260.
Sec. 101. Section 3, chapter 284, Laws of 1988 and RCW 90.50A.020 are each amended to read as follows:
(1) The water pollution control revolving fund is hereby established in the custody of the state treasurer. Moneys in this fund are not subject to legislative appropriation. Moneys in the fund may be spent only in a manner consistent with this chapter.
(2) The water pollution control revolving fund shall consist of:
(a) All capitalization grants provided by the federal government under the federal water quality act of 1987;
(b) All state matching funds appropriated or authorized by the legislature;
(c) Any other revenues derived from gifts or bequests pledged to the state for the purpose of providing financial assistance for water pollution control projects;
(d) All repayments of moneys borrowed from the fund;
(e) All interest payments made by borrowers from the fund;
(f) Any other fee or charge levied in conjunction with administration of the fund; and
(g) Any new funds as a result of leveraging.
(((3)
The state treasurer may invest and reinvest moneys in the water pollution
control revolving fund in the manner provided by law. All earnings from such
investment and reinvestment shall be credited to the water pollution control
revolving fund.))
Sec. 102. Section 19, chapter 109, Laws of 1988 as amended by section 3, chapter 139, Laws of 1989 and RCW 2.14.080 are each amended to read as follows:
(1) The administrator for the courts shall:
(a) Deposit or invest the contributions under RCW 2.14.090 in a credit union, savings and loan association, bank, or mutual savings bank;
(b) Purchase life insurance, shares of an investment company, or fixed and/or variable annuity contracts from any insurance company or investment company licensed to contract business in this state; or
(c) Invest in any of the class of investments described in RCW 43.84.150.
(2) The
state investment board or the committee for deferred compensation, at the
request of the administrator for the courts, may invest moneys in the principal
account. Moneys invested by the investment board shall be invested in
accordance with RCW 43.84.150. Moneys invested by the committee for deferred
compensation shall be invested in accordance with RCW 41.04.250. Except as
provided in RCW 43.33A.160 or as necessary to pay a pro rata share of expenses
incurred by the committee for deferred compensation, one hundred percent of all
earnings from these investments shall accrue directly to the principal
account. ((The earnings on any surplus balances in the principal account
shall be credited to the principal account, notwithstanding RCW 43.84.090.))
Sec. 103. Section 7, chapter 209, Laws of 1969 ex. sess. as last amended by section 12, chapter 273, Laws of 1989 and RCW 41.26.070 are each amended to read as follows:
Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and fire fighters' system plan I retirement fund, and the Washington law enforcement officers' and fire fighters' system plan II retirement fund which shall consist of all moneys paid into them in accordance with the provisions of this chapter, whether such moneys shall take the form of cash, securities, or other assets. The plan I fund shall consist of all moneys paid to finance the benefits provided to members of plan I, and the plan II fund shall consist of all moneys paid to finance the benefits provided to members of plan II. The state investment board has full power to invest or reinvest the funds created by this chapter in the securities authorized by RCW 43.84.150.
(1) The state treasurer shall be the custodian of all funds of the retirement system and all disbursements therefrom shall be paid by the state treasurer upon vouchers duly authorized by the department and bearing the signature of the duly authorized officer of the department.
(2) The state treasurer is hereby authorized and directed to deposit any portion of the funds of the retirement system not needed for immediate use in the same manner and subject to all the provisions of law with respect to the deposit of state funds by such treasurer, and all interest earned by such portion of the retirement system's funds as may be deposited by the state treasurer in pursuance of authority herewith given shall be collected by him and placed to the credit of the retirement fund or the department of retirement systems expense fund less the allocation to the state treasurer's service account pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160.
(3) Into the retirement system fund shall be paid all moneys received by the department, and paid therefrom shall be all refunds, adjustments, retirement allowances and other benefits provided for herein. All contributions by employers for the expense of operating the retirement system as provided for herein shall be transferred by the state treasurer from the retirement system fund to the department of retirement systems expense fund upon authorization of the department.
(4) There is hereby utilized for the purposes of this chapter, the department of retirement systems expense fund, as provided for in RCW 41.40.080 and from which shall be paid the expenses of the administration of this retirement system.
(5) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer the contribution rate necessary to defray its proportional share of the entire expense of the administration of this chapter during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the said administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
(6) The department shall compute and bill each employer at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each such employer shall be made on a percentage rate of salary established by the department: PROVIDED, That the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
(7) For the purpose of providing amounts to be used to defray the cost of such administration, the department shall ascertain at the beginning of each biennium and request from the legislature an appropriation from the department of retirement systems expense fund sufficient to cover estimated expenses for the said biennium.
(8) RCW 41.26.060, 41.26.070 and 41.26.085 shall take effect commencing on January 1, 1972.
Sec. 104. Section 1, chapter 6, Laws of 1983 1st ex. sess. and RCW 41.48.065 are each amended to read as follows:
There is hereby
established a separate fund in the custody of the state treasurer to be known
as the OASI revolving fund. The fund shall consist of all moneys designated
for deposit in the fund ((and the interest earnings therefrom)). The
OASI revolving fund shall be used exclusively for the purpose of this section.
Withdrawals from the fund shall be made for the payment of amounts the state
may be obligated to pay or forfeit by reason of any failure of any public
agency to pay assessments on contributions or interest assessments required
under the federal-state agreement under this chapter or federal regulations.
The treasurer of the state shall be ex officio treasurer and custodian of the fund and shall administer the fund in accordance with this chapter and the directions of the governor and shall pay all amounts drawn upon it in accordance with this section and with the regulations the governor may prescribe under this section.
Sec. 105. Section 6, chapter 184, Laws of 1951 as last amended by section 14, chapter 126, Laws of 1973 and RCW 41.48.060 are each amended to read as follows:
(1) There
is hereby established a special ((fund)) account in the state
treasury to be known as the OASI contribution ((fund. All interest earnings
presently in and all interest earnings accruing to this fund in accordance with
RCW 39.58.120 shall be deposited in the state's general fund)) account.
All earnings of the investment of balances in the account, less the allocation
to the state treasurer's service account pursuant to RCW 43.08.190, shall be
credited to the general fund. Such ((fund)) account shall
consist of and there shall be deposited in such ((fund)) account:
(a) All contributions and penalties collected under RCW 41.48.040 and 41.48.050;
(b) all moneys appropriated thereto under this chapter; (c) any property or
securities belonging to the ((fund)) account; and (d) all sums
recovered upon the bond of the custodian or otherwise for losses sustained by
the ((fund)) account and all other moneys received for the ((fund))
account from any other source. All moneys in the ((fund)) account
shall be mingled and undivided. Subject to the provisions of this chapter, the
governor is vested with full power, authority and jurisdiction over the ((fund))
account, including all moneys and property or securities belonging
thereto, and may perform any and all acts whether or not specifically
designated, which are necessary to the administration thereof and are
consistent with the provisions of this chapter.
(2) The
OASI contribution ((fund)) account shall be established and held
separate and apart from any other funds of the state and shall be used and
administered exclusively for the purpose of this chapter. Withdrawals from
such ((fund)) account shall be made for, and solely for (a)
payment of amounts required to be paid to the secretary of the treasury
pursuant to an agreement entered into under RCW 41.48.030; (b) payment of
refunds provided for in RCW 41.48.040(3); and (c) refunds of overpayments, not
otherwise adjustable, made by a political subdivision or instrumentality.
(3) From
the OASI contribution ((fund)) account the custodian of the fund
shall pay to the secretary of the treasury such amounts and at such time or
times as may be directed by the governor in accordance with any agreement
entered into under RCW 41.48.030 and the social security act.
(4) The
treasurer of the state shall be ex officio treasurer and custodian of the OASI
contribution ((fund)) account and shall administer such ((fund))
account in accordance with the provisions of this chapter and the
directions of the governor and shall pay all warrants drawn upon it in
accordance with the provisions of this section and with the regulations as the
governor may prescribe pursuant thereto.
Sec. 106. Section 8, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 6, chapter 422, Laws of 1987 and RCW 43.160.080 are each amended to read as follows:
There shall
be a fund known as the public facilities construction loan revolving ((fund))
account, which shall consist of all moneys collected under this chapter,
except moneys of the board collected in connection with the issuance of
industrial development revenue bonds, and any moneys appropriated to it by
law: PROVIDED, That seventy-five percent of all principal and interest
payments on loans made with the proceeds deposited in the ((fund)) account
under section 901, chapter 57, Laws of 1983 1st ex. sess. shall be deposited in
the general fund as reimbursement for debt service payments on the bonds
authorized in RCW 43.83.184. The state treasurer shall be custodian of the
revolving ((fund)) account. Disbursements from the revolving ((fund))
account shall be on authorization of the board. In order to maintain an
effective expenditure and revenue control, the public facilities construction
loan revolving ((fund)) account shall be subject in all respects
to chapter 43.88 RCW, but no appropriation is required to permit expenditures
and payment of obligations from the ((fund.
Moneys in
this fund not needed to meet the current expenses and obligations of the board
shall be invested in the manner authorized for moneys in revolving funds. Any
interest earned shall be deposited in this fund and shall be used for the
purposes specified in this chapter. The state treasurer shall render reports
to the board advising of the status of any funds invested, the market value of
the assets as of the date the statement is rendered, and the income received
from the investments during the period covered by the report)) account.
NEW SECTION. Sec. 107. The following acts or parts of acts are each repealed:
(1) Section 43.84.090, chapter 8, Laws of 1965, section 1, chapter 82, Laws of 1965 ex. sess., section 1, chapter 66, Laws of 1967, section 1, chapter 50, Laws of 1969, section 1, chapter 123, Laws of 1975-'76 2nd ex. sess., section 2, chapter 242, Laws of 1981, section 5, chapter 233, Laws of 1985 and RCW 43.84.090;
(2) Section 14, chapter 206, Laws of 1986 and RCW 46.09.290; and
(3) Section 3, chapter 63, Laws of 1967 ex. sess. and RCW 79.64.055.
NEW SECTION. Sec. 108. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 109. (1) Sections 1 and 2 of this act shall take effect July 1, 1990, but shall not be effective for earnings on balances prior to July 1, 1990, regardless of when a distribution is made.
(2) Sections 3 through 108 of this act shall take effect July 1, 1991, but shall not be effective for earnings on balances prior to July 1, 1991, regardless of when a distribution is made.