BILL REQ. #: Z-0411.2
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/14/2003. Referred to Committee on Government Operations & Elections.
AN ACT Relating to responsibilities of the office of financial management; amending RCW 7.68.085, 26.34.050, 34.12.140, 34.12.150, 34.12.160, 36.70A.200, 40.14.025, 41.04.380, 41.60.041, 43.09.412, 43.10.160, 43.41.100, 43.41.104, 43.79.460, 43.88A.010, 43.88A.030, 43.88A.040, 43.133.050, 82.01.070, and 82.23B.020; reenacting and amending RCW 43.135.035; and repealing RCW 8.04.160, 41.48.120, 41.48.130, 41.48.170, 41.50.800, 43.19.1921, 43.41.102, 43.41.905, 43.99I.090, 43.99J.070, 70.48A.040, 70.168.030, 71.36.020, 74.08.278, and 74.14C.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.68.085 and 1990 c 3 s 504 are each amended to read
as follows:
The director of labor and industries shall institute a cap on
medical benefits of one hundred fifty thousand dollars per injury or
death. Payment for medical services in excess of the cap shall be made
available to any innocent victim under the same conditions as other
medical services and if the medical services are:
(1) Necessary for a previously accepted condition;
(2) Necessary to protect the victim's life or prevent deterioration
of the victim's previously accepted condition; and
(3) Not available from an alternative source.
((The director of financial management and the director of labor
and industries shall monitor expenditures from the public safety and
education account. Once each fiscal quarter, the director of financial
management shall determine if expenditures from the public safety and
education account during the prior fiscal quarter exceeded allotments
by more than ten percent. Within thirty days of a determination that
expenditures exceeded allotments by more than ten percent, the director
of financial management shall develop and implement a plan to reduce
expenditures from the account to a level that does not exceed the
allotments. Such a plan may include across-the-board reductions in
allotments from the account to all nonjudicial agencies except for the
crime victims compensation program. In implementing the plan, the
director of financial management shall seek the cooperation of judicial
agencies in reducing their expenditures from the account. The director
of financial management shall notify the legislative fiscal committees
prior to implementation of the plan.)) The
official revenue forecast for the public safety and education account
shall be prepared by the economic and revenue forecast council pursuant
to RCW 82.33.020 and 82.33.010.
Development and implementation of the plan is not required if the
director of financial management notifies the legislative fiscal
committees that increases in the official revenue forecast for the
public safety and education account for that fiscal quarter will
eliminate the need to reduce expenditures from the account.
For the purposes of this section, an individual will not be
required to use his or her assets other than funds recovered as a
result of a civil action or criminal restitution, for medical expenses
or pain and suffering, in order to qualify for an alternative source of
payment.
The director shall, in cooperation with the department of social
and health services, establish by October 1, 1989, a process to aid
crime victims in identifying and applying for appropriate alternative
benefit programs, if any, administered by the department of social and
health services.
Sec. 2 RCW 26.34.050 and 1979 c 151 s 10 are each amended to read
as follows:
The officers and agencies of this state and its subdivisions having
authority to place children are hereby empowered to enter into
agreements with appropriate officers or agencies of or in other party
states pursuant to paragraph (b) of Article V of the Interstate Compact
on the Placement of Children. Any such agreement which contains a
financial commitment or imposes a financial obligation on this state or
subdivision or agency thereof shall not be binding unless it has the
approval in writing ((of the director of financial management in the
case of the state and)) of the treasurer in the case of a subdivision
of the state.
Sec. 3 RCW 34.12.140 and 1982 c 189 s 10 are each amended to read
as follows:
The amounts to be disbursed from the administrative hearings
revolving fund from time to time shall be transferred thereto by the
state treasurer from funds appropriated to any and all agencies for
administrative hearings expenses on a quarterly basis. Agencies
operating in whole or in part from nonappropriated funds shall pay into
the administrative hearings revolving fund such funds as will fully
reimburse funds appropriated to the office of administrative hearings
for any services provided activities financed by nonappropriated funds.
The funds from the employment security department for the
administrative hearings services provided by the office of
administrative hearings shall not exceed that portion of the resources
provided to the employment security department by the department of
labor, employment and training administration, for such administrative
hearings services. To satisfy department of labor funding
requirements, the office of administrative hearings shall meet or
exceed timeliness standards under federal regulations in the conduct of
employment security department appeals.
((The director of financial management shall allot all such funds
to the office of administrative hearings for the operation of the
office, pursuant to appropriation, in the same manner as appropriated
funds are allocated to other agencies under chapter 43.88 RCW.))
Disbursements from the administrative hearings revolving fund shall
be pursuant to vouchers executed by the chief administrative law judge
or his designee.
Sec. 4 RCW 34.12.150 and 1982 c 189 s 11 are each amended to read
as follows:
The chief administrative law judge shall keep such records as are
necessary to facilitate proper allocation of costs to funds and
agencies served ((and the director of financial management shall
prescribe appropriate accounting procedures to accurately allocate
costs to funds and agencies served)). Billings shall be adjusted in
line with actual costs incurred at intervals not to exceed six months.
Sec. 5 RCW 34.12.160 and 1982 c 189 s 12 are each amended to read
as follows:
In cases where there are unanticipated demands for services of the
office of administrative hearings or where there are insufficient funds
on hand or available for payment through the administrative hearings
revolving fund or in other cases of necessity, the chief administrative
law judge may request payment for services directly from agencies for
whom the services are performed to the extent that revenues or other
funds are available. ((Upon approval by the director of financial
management, the agency shall make the requested payment.)) The payment
may be made on either an advance or reimbursable basis as approved by
the director of financial management.
Sec. 6 RCW 36.70A.200 and 2002 c 68 s 2 are each amended to read
as follows:
(1) The comprehensive plan of each county and city that is planning
under RCW 36.70A.040 shall include a process for identifying and siting
essential public facilities. Essential public facilities include those
facilities that are typically difficult to site, such as airports,
state education facilities and state or regional transportation
facilities as defined in RCW 47.06.140, state and local correctional
facilities, solid waste handling facilities, and in-patient facilities
including substance abuse facilities, mental health facilities, group
homes, and secure community transition facilities as defined in RCW
71.09.020.
(2) Each county and city planning under RCW 36.70A.040 shall, not
later than September 1, 2002, establish a process, or amend its
existing process, for identifying and siting essential public
facilities and adopt or amend its development regulations as necessary
to provide for the siting of secure community transition facilities
consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW 36.70A.040 shall, not
later than September 1, 2002, establish a process for siting secure
community transition facilities and adopt or amend its development
regulations as necessary to provide for the siting of such facilities
consistent with statutory requirements applicable to these facilities.
(4) ((The office of financial management shall maintain a list of
those essential state public facilities that are required or likely to
be built within the next six years. The office of financial management
may at any time add facilities to the list.)) No local comprehensive plan or development regulation may
preclude the siting of essential public facilities.
(5)
(((6))) (5) No person may bring a cause of action for civil damages
based on the good faith actions of any county or city to provide for
the siting of secure community transition facilities in accordance with
this section and with the requirements of chapter 12, Laws of 2001 2nd
sp. sess. For purposes of this subsection, "person" includes, but is
not limited to, any individual, agency as defined in RCW 42.17.020,
corporation, partnership, association, and limited liability entity.
(((7))) (6) Counties or cities siting facilities pursuant to
subsection (2) or (3) of this section shall comply with RCW 71.09.341.
(((8))) (7) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action.
Sec. 7 RCW 40.14.025 and 1996 c 245 s 3 are each amended to read
as follows:
(1) The secretary of state ((and)) shall consult with the director
of financial management ((shall jointly establish)) in establishing a
procedure and formula for allocating the costs of services provided by
the division of archives and records management to state agencies. The
total amount allotted for services to state agencies shall not exceed
the appropriation to the archives and records management account during
any allotment period.
(([(2)])) (2) 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, RCW 36.22.175, and 40.14.027.
The account shall be appropriated exclusively for the payment of costs
and expenses incurred in the operation of the division of archives and
records management as specified by law.
Sec. 8 RCW 41.04.380 and 1993 c 194 s 3 are each amended to read
as follows:
When suitable space is determined to be available, either agencies
or organizations of state employees may contract with one or more
providers to operate child care facilities.
((Subject to the approval of the director of financial management,
suitable)) Space for child care centers may be provided to
organizations of state employees without charge or at reduced charge
for rent or services solely for the purpose of reducing employee child
care costs.
Sec. 9 RCW 41.60.041 and 1999 c 50 s 5 are each amended to read
as follows:
(1) Cash awards for suggestions generating net savings, revenue, or
both to the state shall be determined by the board, or the board's
designee, based on the payment award scale. No award may be granted in
excess of ten thousand dollars. Savings, revenue, or both, shall be
calculated for the first year of implementation.
(2) The board shall establish guidelines for making cash awards for
suggestions for which benefits to the state are intangible or for which
benefits cannot be calculated.
(3) Funds for the awards shall be drawn from the appropriation of
the agency benefiting from the employee's suggestion. If the
suggestion reduces costs to a nonappropriated fund or reduces costs
paid without appropriation from a nonappropriated portion of an
appropriated fund, an award may be paid from the benefiting fund or
account without appropriation.
(4) Awards may be paid to state employees for suggestions which
generate new or additional money for the general fund or any other
funds of the state. ((The director of financial management shall
distribute moneys appropriated for this purpose with the concurrence of
the productivity board.)) Transfers shall be made from other funds of
the state to the general fund, in amounts equal to award payments made
by the general fund, for suggestions generating new or additional money
for those other funds.
Sec. 10 RCW 43.09.412 and 1995 c 301 s 26 are each amended to
read as follows:
The amounts to be disbursed from the auditing services revolving
account shall be paid from funds appropriated to any and all state
agencies for auditing services or administrative expenses. State
agencies operating in whole or in part from nonappropriated funds shall
pay into the auditing services revolving account such funds as will
fully reimburse funds appropriated to the state auditor for auditing
services provided.
((The director of financial management shall allot all such funds
to the state auditor for the operation of his or her office, pursuant
to appropriation, in the same manner as appropriated funds are
allocated to other state agencies headed by elected officers under
chapter 43.88 RCW.))
Sec. 11 RCW 43.10.160 and 1979 c 151 s 94 are each amended to
read as follows:
The amounts to be disbursed from the legal services revolving fund
from time to time shall be transferred thereto by the state treasurer
from funds appropriated to any and all agencies for legal services or
administrative expenses on a quarterly basis. Agencies operating in
whole or in part from nonappropriated funds shall pay into the legal
services revolving fund such funds as will fully reimburse funds
appropriated to the attorney general for any legal services provided
activities financed by nonappropriated funds.
((The director of financial management shall allot all such funds
to the attorney general for the operation of his office, pursuant to
appropriation, in the same manner as appropriated funds are allocated
to other agencies headed by elected officers under chapter 43.88 RCW.))
Sec. 12 RCW 43.41.100 and 1979 c 151 s 114 are each amended to
read as follows:
The director of financial management shall:
(1) Supervise and administer the activities of the office of
financial management.
(2) Exercise all the powers and perform all the duties prescribed
by law with respect to the administration of the state budget and
accounting system.
(3) Advise the governor and the legislature with respect to matters
affecting program management and planning.
(((4))) The director may make efficiency surveys of all state
departments and institutions, and the administrative and business
methods pursued ((therein)) by those agencies, examine into the
physical needs and industrial activities ((thereof)), and make
confidential reports to the governor, recommending necessary
betterments, repairs, and the installation of improved and more
economical administrative methods, and advising such action as will
result in a greater measure of self-support and remedies for
inefficient functioning.
The director may enter into contracts on behalf of the state to
carry out the purposes of this chapter; he may act for the state in the
initiation of or participation in any multi-governmental agency program
relative to the purposes of this chapter; and he may accept gifts and
grants, whether such grants be of federal or other funds.
Sec. 13 RCW 43.41.104 and 1979 c 151 s 116 are each amended to
read as follows:
Upon receipt of information from the state auditor as provided in
RCW 43.09.050(((5))) (6) as now or hereafter amended, the director of
financial management shall require ((all)) persons who have received
any moneys belonging to the state and have not accounted ((therefor))
for them, to settle their accounts and make payment ((thereof)).
Sec. 14 RCW 43.79.460 and 1998 c 302 s 1 are each amended to read
as follows:
(1) The savings incentive account is created in the custody of the
state treasurer. The account shall consist of all moneys appropriated
to the account by the legislature. The account is subject to the
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures from the account.
(2) Within the savings incentive account, the state treasurer may
create subaccounts to be credited with incentive savings attributable
to individual state agencies, as determined by the office of financial
management in consultation with the legislative fiscal committees.
Moneys deposited in the subaccounts may be expended only on the
authorization of the agency's executive head or designee and only for
the purpose of one-time expenditures to improve the quality,
efficiency, and effectiveness of services to customers of the state,
such as one-time expenditures for employee training, employee
incentives, technology improvements, new work processes, or performance
measurement. Funds may not be expended from the account to establish
new programs or services, expand existing programs or services, or
incur ongoing costs that would require future expenditures.
(3) For purposes of this section, "incentive savings" means state
general fund appropriations that are unspent as of June 30th of a
fiscal year, excluding any amounts included in across-the-board
reductions under RCW 43.88.110 and excluding unspent appropriations
for:
(a) Caseload and enrollment in entitlement programs, except to the
extent that an agency has clearly demonstrated that efficiencies have
been achieved in the administration of the entitlement program.
"Entitlement program," as used in this section, includes programs for
which specific sums of money are appropriated for pass-through to third
parties or other entities;
(b) Enrollments in state institutions of higher education;
(c) A specific amount contained in a condition or limitation to an
appropriation in the biennial appropriations act, if the agency did not
achieve the specific purpose or objective of the condition or
limitation;
(d) Debt service on state obligations; and
(e) State retirement system obligations.
(((4) The office of fiscal [financial] management, after consulting
with the legislative fiscal committees, shall report to the treasurer
the amount of savings incentives achieved. By December 1, 1998, and
each December 1st thereafter, the office of financial management shall
submit a report to the fiscal committees of the legislature on the
implementation of this section. The report shall (a) evaluate the
impact of this section on agency reversions and end-of-biennium
expenditure patterns, and (b) itemize agency expenditures from the
savings recovery account.))
Sec. 15 RCW 43.88A.010 and 1977 ex.s. c 25 s 1 are each amended
to read as follows:
The legislature ((hereby)) recognizes the necessity of developing
a uniform and coordinated procedure for determining the expected fiscal
impact of bills and resolutions ((on state government)). The
legislature also recognizes that developing such statements of fiscal
impact, which shall be known as fiscal notes, requires ((the
designation of)) that a state agency ((to)) be designated principally
responsible ((therefor)) for developing the note. The fiscal notes may
be provided in either paper or electronic form.
Sec. 16 RCW 43.88A.030 and 1986 c 158 s 16 are each amended to
read as follows:
When ((a fiscal note is prepared and approved as to form, accuracy,
and completeness by the office of financial management, which depicts
the expected fiscal impact of a bill or resolution)) the office of
financial management has prepared and approved the form, accuracy, and
completeness of the expected fiscal impact of a bill or resolution
contained in a fiscal note, electronic copies shall be ((filed))
provided immediately ((with)) to:
(1) The chairperson of the committee to which the bill or
resolution was referred upon introduction in the house of origin;
(2) The senate committee on ways and means, or its successor; and
(3) The house committees on revenue and appropriations, or their
successors.
Whenever possible, such fiscal note shall be provided prior to or
at the time the bill or resolution is first heard by the committee of
reference in the house of origin.
When a fiscal note has been prepared for a bill or resolution, a
copy of the fiscal note shall be placed in the bill books or otherwise
attached to the bill or resolution and shall remain with the bill or
resolution throughout the legislative process insofar as possible.
Sec. 17 RCW 43.88A.040 and 1979 c 151 s 148 are each amended to
read as follows:
The office of financial management shall also provide a fiscal note
on any legislative proposal at the request of any legislator. ((Such))
The completed fiscal note shall be ((returned)) electronically provided
to the requesting legislator, and electronic copies shall be ((filed
with)) provided to the appropriate legislative committees pursuant to
RCW 43.88A.030 at the time such proposed legislation is introduced in
either house.
Sec. 18 RCW 43.133.050 and 1995 c 399 s 82 are each amended to
read as follows:
(1) Upon request by the legislature, the office of financial
management shall prepare sunrise notes for legislation concerning the
creation of new boards. The department of community, trade, and
economic development shall prepare sunrise notes for legislation
creating new types of special purpose districts.
(2) A sunrise note shall be prepared for all executive and agency
request legislation that creates a board or special purpose district.
(3) The ((office of financial management or the)) department of
community, trade, and economic development shall also provide a sunrise
note at the request of any committee of the legislature.
Sec. 19 RCW 43.135.035 and 2001 c 3 s 8 and 2000 2nd sp.s. c 2 s
2 are each reenacted and amended to read as follows:
(1) After July 1, 1995, any action or combination of actions by the
legislature that raises state revenue or requires revenue-neutral tax
shifts may be taken only if approved by a two-thirds vote of each
house, and then only if state expenditures in any fiscal year,
including the new revenue, will not exceed the state expenditure limits
established under this chapter.
(2)(a) If the legislative action under subsection (1) of this
section will result in expenditures in excess of the state expenditure
limit, then the action of the legislature shall not take effect until
approved by a vote of the people at a November general election. The
((office of financial management)) state expenditure limit committee
shall adjust the state expenditure limit by the amount of additional
revenue approved by the voters under this section. This adjustment
shall not exceed the amount of revenue generated by the legislative
action during the first full fiscal year in which it is in effect. The
state expenditure limit shall be adjusted downward upon expiration or
repeal of the legislative action.
(b) The ballot title for any vote of the people required under this
section shall be substantially as follows:
"Shall taxes be imposed on . . . . . . . in order to allow a
spending increase above last year's authorized spending adjusted for
inflation and population increases?"
(3)(a) The state expenditure limit may be exceeded upon declaration
of an emergency for a period not to exceed twenty-four months by a law
approved by a two-thirds vote of each house of the legislature and
signed by the governor. The law shall set forth the nature of the
emergency, which is limited to natural disasters that require immediate
government action to alleviate human suffering and provide humanitarian
assistance. The state expenditure limit may be exceeded for no more
than twenty-four months following the declaration of the emergency and
only for the purposes contained in the emergency declaration.
(b) Additional taxes required for an emergency under this section
may be imposed only until thirty days following the next general
election, unless an extension is approved at that general election.
The additional taxes shall expire upon expiration of the declaration of
emergency. The legislature shall not impose additional taxes for
emergency purposes under this subsection unless funds in the education
construction fund have been exhausted.
(c) The state or any political subdivision of the state shall not
impose any tax on intangible property listed in RCW 84.36.070 as that
statute exists on January 1, 1993.
(4) If the cost of any state program or function is shifted from
the state general fund on or after January 1, 1993, to another source
of funding, or if moneys are transferred from the state general fund to
another fund or account, the state expenditure limit committee, acting
pursuant to RCW 43.135.025(5), shall lower the state expenditure limit
to reflect the shift. For the purposes of this section, a transfer of
money from the state general fund to another fund or account includes
any state legislative action taken after July 1, 2000, that has the
effect of reducing revenues from a particular source, where such
revenues would otherwise be deposited into the state general fund,
while increasing the revenues from that particular source to another
state or local government account. This subsection does not apply to
the dedication or use of lottery revenues under RCW 67.70.240(3) or
property taxes under RCW 84.52.068, in support of education or
education expenditures.
(5) If the cost of any state program or function is shifted to the
state general fund on or after January 1, 2000, from another source of
funding, or if moneys are transferred to the state general fund from
another fund or account, the state expenditure limit committee, acting
pursuant to RCW 43.135.025(5), shall increase the state expenditure
limit to reflect the shift.
Sec. 20 RCW 82.01.070 and 1997 c 156 s 1 are each amended to read
as follows:
The director shall have charge and general supervision of the
department of revenue. The director shall appoint an assistant
director for administration, hereinafter in chapter 26, Laws of 1967
ex. sess. referred to as the assistant director, and subject to the
provisions of chapter 41.06 RCW may appoint and employ such clerical,
technical and other personnel as may be necessary to carry out the
powers and duties of the department. The director may also enter into
personal service contracts with out-of-state individuals or business
entities for the performance of auditing services outside the state of
Washington when normal efforts to recruit classified employees are
unsuccessful. The director may agree to pay to the department's
employees or contractors who reside out of state such amounts in
addition to their ordinary rate of compensation as are necessary to
defray the extra costs of facilities, living, and other costs
reasonably related to the out-of-state services, subject to legislative
appropriation for those purposes. ((The special allowances shall be in
such amounts or at such rates as are approved by the office of
financial management.)) This section does not apply to audit functions
performed in states contiguous to the state of Washington.
Sec. 21 RCW 82.23B.020 and 2000 c 69 s 25 are each amended to
read as follows:
(1) An oil spill response tax is imposed on the privilege of
receiving crude oil or petroleum products at a marine terminal within
this state from a waterborne vessel or barge operating on the navigable
waters of this state. The tax imposed in this section is levied upon
the owner of the crude oil or petroleum products immediately after
receipt of the same into the storage tanks of a marine terminal from a
waterborne vessel or barge at the rate of one cent per barrel of crude
oil or petroleum product received.
(2) In addition to the tax imposed in subsection (1) of this
section, an oil spill administration tax is imposed on the privilege of
receiving crude oil or petroleum products at a marine terminal within
this state from a waterborne vessel or barge operating on the navigable
waters of this state. The tax imposed in this section is levied upon
the owner of the crude oil or petroleum products immediately after
receipt of the same into the storage tanks of a marine terminal from a
waterborne vessel or barge at the rate of four cents per barrel of
crude oil or petroleum product.
(3) The taxes imposed by this chapter shall be collected by the
marine terminal operator from the taxpayer. If any person charged with
collecting the taxes fails to bill the taxpayer for the taxes, or in
the alternative has not notified the taxpayer in writing of the
imposition of the taxes, or having collected the taxes, fails to pay
them to the department in the manner prescribed by this chapter,
whether such failure is the result of the person's own acts or the
result of acts or conditions beyond the person's control, he or she
shall, nevertheless, be personally liable to the state for the amount
of the taxes. Payment of the taxes by the owner to a marine terminal
operator shall relieve the owner from further liability for the taxes.
(4) Taxes collected under this chapter shall be held in trust until
paid to the department. Any person collecting the taxes who
appropriates or converts the taxes collected shall be guilty of a gross
misdemeanor if the money required to be collected is not available for
payment on the date payment is due. The taxes required by this chapter
to be collected shall be stated separately from other charges made by
the marine terminal operator in any invoice or other statement of
account provided to the taxpayer.
(5) If a taxpayer fails to pay the taxes imposed by this chapter to
the person charged with collection of the taxes and the person charged
with collection fails to pay the taxes to the department, the
department may, in its discretion, proceed directly against the
taxpayer for collection of the taxes.
(6) The taxes shall be due from the marine terminal operator, along
with reports and returns on forms prescribed by the department, within
twenty-five days after the end of the month in which the taxable
activity occurs.
(7) The amount of taxes, until paid by the taxpayer to the marine
terminal operator or to the department, shall constitute a debt from
the taxpayer to the marine terminal operator. Any person required to
collect the taxes under this chapter who, with intent to violate the
provisions of this chapter, fails or refuses to do so as required and
any taxpayer who refuses to pay any taxes due under this chapter, shall
be guilty of a misdemeanor as provided in chapter 9A.20 RCW.
(8) Upon prior approval of the department, the taxpayer may pay the
taxes imposed by this chapter directly to the department. The
department shall give its approval for direct payment under this
section whenever it appears, in the department's judgment, that direct
payment will enhance the administration of the taxes imposed under this
chapter. The department shall provide by rule for the issuance of a
direct payment certificate to any taxpayer qualifying for direct
payment of the taxes. Good faith acceptance of a direct payment
certificate by a terminal operator shall relieve the marine terminal
operator from any liability for the collection or payment of the taxes
imposed under this chapter.
(9) All receipts from the tax imposed in subsection (1) of this
section shall be deposited into the state oil spill response account.
All receipts from the tax imposed in subsection (2) of this section
shall be deposited into the oil spill prevention account.
(10) Within forty-five days after the end of each calendar quarter,
the office of financial management shall determine the balance of the
oil spill response account as of the last day of that calendar quarter.
Balance determinations by the office of financial management under this
section are final and shall not be used to challenge the validity of
any tax imposed under this chapter. The office of financial management
shall promptly notify the departments of revenue and ecology ((of))
when the account balance ((once a determination is made)) reaches the
level at which a tax change is triggered. For each subsequent calendar
quarter, the tax imposed by subsection (1) of this section shall be
imposed during the entire calendar quarter unless:
(a) Tax was imposed under subsection (1) of this section during the
immediately preceding calendar quarter, and the most recent quarterly
balance is more than nine million dollars; or
(b) Tax was not imposed under subsection (1) of this section during
the immediately preceding calendar quarter, and the most recent
quarterly balance is more than eight million dollars.
NEW SECTION. Sec. 22 The following acts or parts of acts are
each repealed:
(1) RCW 8.04.160 (Award, how paid into court) and 1979 c 151 s 8,
1973 c 106 s 8, & 1891 c 74 s 10;
(2) RCW 41.48.120 (Sick leave account created -- Payments to state
employees on account of sickness -- Exclusion from wages) and 1979 c 152
s 1;
(3) RCW 41.48.130 (Sick leave payments -- Accounting plan and payroll
procedures) and 1979 c 152 s 2;
(4) RCW 41.48.170 (Sick leave payments -- Transfers of moneys to sick
leave account) and 1979 ex.s. c 247 s 2;
(5) RCW 41.50.800 (Apportionment of budgeted funds of affected
agencies) and 1979 c 151 s 64 & 1975-'76 2nd ex.s. c 105 s 13;
(6) RCW 43.19.1921 (Central stores warehouse facilities -- Central
maintenance, repair -- Sales, exchanges, between state agencies) and 1979
c 151 s 100 & 1965 c 8 s 43.19.1921;
(7) RCW 43.41.102 (Director -- Contract for collection and tabulation
of census block statistics) and 1979 c 151 s 115 & 1977 ex.s. c 128 s
5;
(8) RCW 43.41.905 (Interagency task force on unintended pregnancy)
and 1997 c 58 s 1001;
(9) RCW 43.99I.090 (Dairy products commission -- Bond conditions and
limitations) and 1997 c 456 s 40 & 1992 c 235 s 5;
(10) RCW 43.99J.070 (Washington state fruit commission -- Bond
conditions and limitations) and 1993 sp.s. c 12 s 5;
(11) RCW 70.48A.040 (Proceeds from bond sale -- Administration) and
1987 c 462 s 14, 1986 c 118 s 17, & 1981 c 131 s 4;
(12) RCW 70.168.030 (Analysis of state's trauma system -- Plan) and
1998 c 245 s 117 & 1988 c 183 s 3;
(13) RCW 71.36.020 (Inventory of mental health programs for
children -- Plan for early periodic screening, diagnosis, and treatment
services) and 1991 c 326 s 13;
(14) RCW 74.08.278 (Central operating fund established) and 1979 c
141 s 327 & 1959 c 26 s 74.08.278; and
(15) RCW 74.14C.070 (Appropriations -- Transfer of funds from foster
care services to family preservation services -- Annual report) and 1995
c 311 s 11, 1994 c 288 s 3, & 1992 c 214 s 9.