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                                                   SENATE BILL NO. 6897

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                                                                            C 293 L 90

 

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senators Patterson, Bender and Murray

 

 

Read first time 2/16/90 and referred to Committee on  Transportation.

 

 


AN ACT Relating to department of transportation facilities bonds; adding new sections to chapter 47.02 RCW; and declaring an emergency.

 

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

 

          NEW SECTION.  Sec. 1.     For the purpose of providing funds for the acquisition of headquarters facilities for district 1 of the department of transportation and costs incidental thereto, together with all improvements and equipment required to make the facilities suitable for the department's use, there shall be issued and sold upon the request of the Washington transportation commission a total of fifteen million dollars of general obligation bonds of the state of Washington.

 

          NEW SECTION.  Sec. 2.     Authorized uses of proceeds from the sale of bonds authorized in sections 1 through 8 of this act include but are not limited to repayment to the motor vehicle fund for the loan from the motor vehicle fund to the transportation capital facilities account in the motor vehicle fund provided in the supplemental transportation budget for the initial financing of the headquarters facilities.

 

          NEW SECTION.  Sec. 3.     Upon the request of the transportation commission, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by sections 1 through 8 of this act in accordance with chapter 39.42 RCW.  Bonds authorized by sections 1 through 8 of this act shall be sold in such manner, at such time or times, in such amounts, and at such price as the state finance committee shall determine.  Except for the purpose of repaying the loan from the motor vehicle fund, no such bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

          The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purpose of retiring the bonds during the life of the project for which they were issued.

 

          NEW SECTION.  Sec. 4.     The proceeds from the sale of bonds authorized by sections 1 through 8 of this act shall be available only for the purposes enumerated in sections 1 and 2 of this act; for the payment of bond anticipation notes, if any; and for the payment of bond issuance costs, including the costs of underwriting.  Proceeds required to repay the motor vehicle fund loan shall be deposited in the motor vehicle fund and remaining proceeds shall be deposited in the transportation capital facilities account.

 

          NEW SECTION.  Sec. 5.     Bonds issued under the authority of sections 1 through 8 of this act shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due.  The principal and interest on the bonds shall be first payable in the manner provided in sections 1 through 8 of this act from the proceeds of the state excise taxes on motor vehicle and special fuels imposed by chapters 82.36, 82.37, and 82.38 RCW.  Proceeds of such excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under the authority of sections 1 through 8 of this act, and the legislature agrees to continue to impose these excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of sections 1 through 8 of this act.

 

          NEW SECTION.  Sec. 6.     Both principal and interest on the bonds issued for the purposes of sections 1 through 8 of this act shall be payable from the highway bond retirement fund.  The state finance committee may provide that a special account be created in the fund to facilitate payment of the principal and interest.  The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount required for principal and interest on the bonds in accordance with the bond proceedings.  The state treasurer shall withdraw revenues from the motor vehicle fund  and deposit in the highway bond retirement fund, or a special account in the fund, such amounts, and at such times, as are required by the bond proceedings.

          Any funds required for bond retirement or interest on the bonds authorized by sections 1 through 8 of this act shall be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and that is distributed to the state under RCW 46.68.130.  Funds required shall never constitute a charge against any other allocations of motor vehicle fuel and special fuel tax revenues to the state, counties, cities, and towns unless the amount arising from excise taxes on motor vehicle and special fuels distributed to the state under RCW 46.68.130 proves insufficient to meet the requirements for bond retirement or interest on any such bonds.

 

          NEW SECTION.  Sec. 7.     When the state treasurer transfers funds from the motor vehicle fund to the highway bond retirement fund to pay principal and interest on the bonds authorized by sections 1 through 8 of this act, the state treasurer shall at the same time reimburse the motor vehicle fund in an identical amount from the transportation capital facilities account.  This obligation to reimburse the motor vehicle fund shall constitute a first and prior charge against the funds within and accruing to the transportation capital facilities account.  All funds reimbursed to the motor vehicle fund shall be distributed to the state for expenditures authorized by RCW 46.68.130.

 

          NEW SECTION.  Sec. 8.     Bonds issued under the authority of sections 1 through 7 of this act and this section and any other general obligation bonds of the state of Washington that have been or that may be authorized and that pledge motor vehicle and special fuels excise taxes for the payment of principal and interest thereon shall be an equal charge against the revenues from such motor vehicle and special fuels excise taxes.

 

          NEW SECTION.  Sec. 9.     Sections 1 through 8 of this act are each added to chapter 47.02 RCW.

 

          NEW SECTION.  Sec. 10.    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. 11.    This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.


                                                                                                                           Passed the Senate March 1, 1990.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House March 2, 1990.

 

                                                                                                                                         Speaker of the House.