BP BHEAD INT H [atlas:bill]

AN ACT Relating to legislative building preservation and renovation; amending RCW 39.42.060; adding a new chapter to Title 43 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that it is necessary to complete the rehabilitation of the state legislative building, to extend the useful life of the building, and to construct a new capitol addition adjacent to the state legislative building for the permanent relocation of offices displaced by the rehabilitation and create new space for public uses.

Furthermore, it is the intent of the legislature to fund the majority of the rehabilitation and capitol addition construction using bonds repaid by the capitol building construction account, as provided for in the enabling act and dedicated by the federal government for the sole purpose of establishing a state capitol, to fund the cash elements of the project using capital project surcharge revenues in the Thurston county capital facilities account, and to support the establishment of a private foundation to engage the public in the preservation of the state legislative building and raise private funds for restoration and educational efforts. The bonds repaid by the capitol building construction account, whose revenues are from the sale of capitol building lands, timber, or other materials, shall be exempt from the state debt limit under RCW 39.42.060, and if at any time the capitol building construction account has insufficient revenues to repay the bonds, the legislature may provide additional means for the payment of the bonds, but any such additional means shall be subject to the state debt limit.

The legislature finds that the inclusion of legislative leadership in the ongoing policy level decision making related to the planning, design, and construction of the rehabilitation and capitol addition will provide continuity of policy intent, and that the inclusion of a professional preservation expert is necessary to ensure that standards and guidelines for treatment of historic buildings are used appropriately, and that the inclusion of a citizen representative will further engage the public in preservation of the legislative building.

The legislature adopts and authorizes the implementation of the legislative building rehabilitation and capitol addition plan as proposed by the commission on the preservation and renovation of the legislative building in their report to the legislature, January 20, 2000.

NEW SECTION. Sec. 2. For the purpose of providing funds for the planning, design, construction, and other necessary costs for the rehabilitation of the state legislative building and construction of the capitol addition, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred one million four hundred forty-five thousand dollars or as much as may be required to finance the improvements defined in the legislative building rehabilitation and capitol addition plan and all costs incidental thereto. Bonds authorized in this section shall not constitute indebtedness for purposes of the limitations set forth in RCW 39.42.060, to the extent that the bond payments are paid from the capitol building construction account. Bonds authorized in this section may be sold at a price the state finance committee determines. 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. The proceeds of the sale of the bonds issued for the purposes of this subsection shall be deposited in the capitol historic district construction account hereby created in the state treasury.

NEW SECTION. Sec. 3. Ninety-nine million four hundred thousand dollars is appropriated in the 1999-2001 biennium from the capitol historic district construction account to the department of general administration for expenses related to the planning, design, construction, and other necessary costs for the rehabilitation of the state legislative building and capitol addition construction. Of this appropriation, up to two hundred thousand dollars is authorized for the purpose of conducting a feasibility study to identify the potential depth and breadth of private financial support, and for the administrative costs of establishing a private foundation.

NEW SECTION. Sec. 4. (1) The nondebt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in section 2 of this act.

(2)(a) The state finance committee must, 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 bonds authorized in section 2 of this act.

(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from the capitol building construction account for deposit into the nondebt-limit reimbursable bond retirement account, the amount computed in (a) of this subsection for bonds issued for the purposes of section 2 of this act.

(3) If the capitol building construction account has insufficient revenues to pay the principal and interest computed in subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in section 2 of this act from any additional means provided by the legislature.

NEW SECTION. Sec. 5. (1) Bonds issued under section 1 of this act must state that they are a general obligation of the state of Washington, must pledge the full faith and credit of the state to the payment of the principal and interest, and must contain an unconditional promise to pay the principal and interest as it becomes due.

(2) 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. 6. The legislature may provide additional means for raising moneys for the payment of the principal and interest on the bonds authorized in section 1 of this act, and sections 2 through 6 of this act shall not be deemed to provide an exclusive method for their payment.

Sec. 7. RCW 39.42.060 and 1999 c 273 s 9 are each amended to read as follows:

No bonds, notes, or other evidences of indebtedness for borrowed money shall be issued by the state which will cause the aggregate debt contracted by the state to exceed that amount for which payments of principal and interest in any fiscal year would require the state to expend more than seven percent of the arithmetic mean of its general state revenues, as defined in section 1(c) of Article VIII of the Washington state Constitution for the three immediately preceding fiscal years as certified by the treasurer in accordance with RCW 39.42.070. It shall be the duty of the state finance committee to compute annually the amount required to pay principal of and interest on outstanding debt. In making such computation, the state finance committee shall include all borrowed money represented by bonds, notes, or other evidences of indebtedness which are secured by the full faith and credit of the state or are required to be paid, directly or indirectly, from general state revenues and which are incurred by the state, any department, authority, public corporation or quasi public corporation of the state, any state university or college, or any other public agency created by the state but not by counties, cities, towns, school districts, or other municipal corporations, and shall include debt incurred pursuant to section 3 of Article VIII of the Washington state Constitution, but shall exclude the following:

(1) Obligations for the payment of current expenses of state government;

(2) Indebtedness incurred pursuant to RCW 39.42.080 or 39.42.090;

(3) Principal of and interest on bond anticipation notes;

(4) Any indebtedness which has been refunded;

(5) Financing contracts entered into under chapter 39.94 RCW;

(6) Indebtedness authorized or incurred before July 1, 1993, pursuant to statute which requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from money other than general state revenues or from the special excise tax imposed pursuant to chapter 67.40 RCW;

(7) Indebtedness authorized and incurred after July 1, 1993, pursuant to statute that requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from (a) moneys outside the state treasury, except higher education operating fees, (b) higher education building fees, (c) indirect costs recovered from federal grants and contracts, and (d) fees and charges associated with hospitals operated or managed by institutions of higher education;

(8) Any agreement, promissory note, or other instrument entered into by the state finance committee under RCW 39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for the purpose of guaranteeing the payment or enhancing the marketability, or both, of any state bonds, notes, or other evidence of indebtedness;

(9) Indebtedness incurred for the purposes identified in RCW 43.99N.020; ((~~and~~))

(10) Indebtedness incurred for the purposes of the school district bond guaranty established by chapter 39.98 RCW; and

(11) Indebtedness incurred for the purposes of the state legislative building rehabilitation and capitol addition construction, to the extent that principal and interest payments of such indebtedness are paid from the capitol building construction account pursuant to section 4(2)(b) of this act.

To the extent necessary because of the constitutional or statutory debt limitation, priorities with respect to the issuance or guaranteeing of bonds, notes, or other evidences of indebtedness by the state shall be determined by the state finance committee.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.