5719.E AMH CB H2555.1

ESB 5719 - H COMM AMD ADOPTED 4-15-93

By Committee on Capital Budget

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  For the purpose of providing funds to finance the projects described and authorized by the legislature in the capital and operating appropriations acts for the 1993-95 fiscal biennium, and all costs incidental thereto, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of nine hundred twenty-eight million eight hundred fifty thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto.  Bonds authorized in this section may be sold at such price as the state finance committee shall determine.  No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

NEW SECTION. Sec. 2.  The proceeds from the sale of the bonds authorized in section 1 of this act shall be deposited in the state building construction account created by RCW 43.83.020.  The proceeds shall be transferred as follows:

    (1) Eight hundred ninety million two hundred thirty thousand dollars to remain in the state building construction account created by RCW 43.83.020;

    (2) One million five hundred thousand dollars to the fruit commission facility account; and

    (3) One million dollars to the energy efficiency services account.

    These proceeds shall be used exclusively for the purposes specified in this section, and for the payment of expenses incurred in the issuance and sale of the bonds issued for the purposes of this section, and shall be administered by the office of financial management subject to legislative appropriation.

NEW SECTION. Sec. 3.  (1) The state general obligation bond retirement fund shall be used for the payment of the principal of and interest on the bonds authorized in section 2 of this act.

    (2) The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements.  On the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the general obligation bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date.

    (3) Bonds issued under section 1 of this act shall 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 the principal and interest as the same shall become due.

    (4) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.

NEW SECTION. Sec. 4.  (1) On each date on which any interest or principal and interest payment is due for the purposes of section 2(2) of this act, the Washington state fruit commission shall cause the amount computed by the state finance committee in section 3 of this act for the purposes of section 2(2) of this act to be paid out of the commission's general operating fund to the state treasurer for deposit into the general fund of the state treasury.

    (2) On each date on which any interest or principal and interest payment is due for the purposes of section 2(3) of this act, the state treasurer shall transfer from the energy efficiency construction account created in RCW 39.35C.100 to the general fund of the state treasury in the amount computed  section 3 of this act for the purposes of section 2(3) of this act.

NEW SECTION. Sec. 5.  The bonds authorized in section 2(2) of this act may be issued only after the director of financial management has:  (1) Certified that, based on the future income from assessments levied under this chapter and other revenues collected by the commission, an adequate balance will be maintained in the commission's general operating fund to pay the interest or principal and interest payments due under section 4 of this act for the life of the bonds; and (2) approved the plans for facility.

NEW SECTION. Sec. 6.  The fruit commission facility account is created in the state treasury.  Moneys in the account may be spent only after appropriation.

NEW SECTION. Sec. 7.  The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in section 1 of this act, and section 3 of this act shall not be deemed to provide an exclusive method for the payment.

NEW SECTION. Sec. 8.  The bonds authorized in section 1 of this act shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.

    Sec. 9.  RCW 67.40.030 and 1990 c 181 s 1 are each amended to read as follows:

    For the purpose of providing funds for the state convention and trade center, the state finance committee is authorized to issue, upon request of the corporation formed under RCW 67.40.020 and in one or more offerings, general obligation bonds of the state of Washington in the sum of one hundred ((sixty)) seventy-four million, ((seven)) six hundred ((sixty-five)) thousand dollars, or so much thereof as may be required, to finance this project and all costs incidental thereto, to capitalize all or a portion of interest during construction, to provide for expansion, renovation, exterior cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, and contingency costs of the center, purchase of the McKay Parcel as defined in the property and purchase agreement entered into by the corporation on June 12, 1986, development of low-income housing and to reimburse the general fund for expenditures in support of the project.  The state finance committee may make such bond covenants as it deems necessary to carry out the purposes of this section and this chapter.  No bonds authorized in this section may be offered for sale without prior legislative appropriation.

    Sec. 10.  RCW 67.40.045 and 1992 c 4 s 1 are each amended to read as follows:

    (1) The director of financial management, in consultation with the chairpersons of the ways and means committees of the senate and house of representatives, may authorize temporary borrowing from the state treasury for the purpose of covering cash deficiencies in the state convention and trade center account resulting from project completion costs.  Subject to the conditions and limitations provided in this section, lines of credit may be authorized at times and in amounts as the director of financial management determines are advisable to meet current and/or anticipated cash deficiencies.  Each authorization shall distinctly specify the maximum amount of cash deficiency which may be incurred and the maximum time period during which the cash deficiency may continue.  The total amount of borrowing outstanding at any time shall never exceed the lesser of:

    (a) $58,275,000; or

    (b) An amount, as determined by the director of financial management from time to time, which is necessary to provide for payment of project completion costs.

    (2) Unless the due date under this subsection is extended by statute, all amounts borrowed under the authority of this section shall be repaid to the state treasury by June 30, 1995, together with interest at a rate determined by the state treasurer to be equivalent to the return on investments of the state treasury during the period the amounts are borrowed.  Borrowing may be authorized from any excess balances in the state treasury, except the agricultural permanent fund, the Millersylvania park permanent fund, the state university permanent fund, the normal school permanent fund, the permanent common school fund, and the scientific permanent fund.

    (3) As used in this section, "project completion" means:

    (a) All remaining development, construction, and administrative costs related to completion of the convention center; and

    (b) Costs of the McKay building demolition, Eagles building rehabilitation, development of low-income housing, and construction of rentable retail space and an operable parking garage.

    (4) It is the intent of the legislature that project completion costs be paid ultimately from the following sources:

    (a) $29,250,000 to be received by the corporation under an agreement and settlement with Industrial Indemnity Co.;

    (b) $1,070,000 to be received by the corporation as a contribution from the city of Seattle;

    (c) $20,000,000 from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

    (d) $4,765,000 for contingencies and project reserves from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

    (e) $13,000,000 for conversion of various retail and other space to meeting rooms, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

    (f) $13,300,000 for expansion at the 900 level of the facility, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

    (g) (($10,400,000)) $23,900,000 for purchase of the development rights, land, and building known as the McKay Parcel, for development of low-income housing, for development, construction, and administrative costs related to completion of the state convention and trade center, including settlement costs related to construction litigation, and for partially refunding obligations under the parking garage revenue note issued by the corporation to Industrial Indemnity Company in connection with the agreement and settlement identified in (a) of this subsection, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090;

    (h) $300,000 for Eagles building exterior cleanup and repair, from additional general obligation bonds to be repaid from the special excise tax under RCW 67.40.090; and

    (i) The proceeds of the sale of any properties owned by the state convention and trade center that are not planned for use for state convention and trade center operations, with the proceeds to be used for development, construction, and administrative costs related to completion of the state convention and trade center, including settlement costs related to construction litigation.

    (5) The borrowing authority provided in this section is in addition to the authority to borrow from the general fund to meet the bond retirement and interest requirements set forth in RCW 67.40.060.  To the extent the specific conditions and limitations provided in this section conflict with the general conditions and limitations provided for temporary cash deficiencies in RCW 43.88.260 (section 7, chapter 502, Laws of 1987), the specific conditions and limitations in this section shall govern.

NEW SECTION. Sec. 11.  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. 12.  Sections 1 through 8 of this act shall constitute a new chapter in Title 43 RCW."

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