CERTIFICATION OF ENROLLMENT

ENGROSSED SENATE BILL 5014

Chapter 330, Laws of 2003

(partial veto)

58th Legislature
2003 Regular Session



PUBLIC WORKS ASSISTANCE--SUBACCOUNT



EFFECTIVE DATE: 7/27/03

Passed by the Senate April 22, 2003
  YEAS 47   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 10, 2003
  YEAS 95   NAYS 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5014 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved May 16, 2003, with the exception of sections 2 and 3, which are vetoed.







GARY F. LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
May 16, 2003 - 3:43 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SENATE BILL 5014
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2003 Regular Session
State of Washington58th Legislature2003 Regular Session

By Senator Honeyford

Read first time 01/13/2003.   Referred to Committee on Natural Resources, Energy & Water.



     AN ACT Relating to public water projects; reenacting and amending RCW 43.79A.040; adding a new section to chapter 43.155 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.155 RCW to read as follows:
     (1) A subaccount is created in the public works assistance account to receive money to fund the following projects: (a) Water storage projects; and (b) water systems facilities.
     (2) The projects listed in subsection (1) of this section must comply with the competitive bid requirements of RCW 43.155.060.
     (3) The subaccount created in subsection (1) of this section shall receive amounts appropriated to it for purposes of distributing these moneys as grants for water storage projects and water systems facilities projects as provided in the appropriation and this section. This subaccount shall be administered by the board and shall be separate from the other programs managed by the board under this chapter.
     (4) The subaccount created in this section shall be known as the water storage projects and water systems facilities subaccount of the public works assistance account.

     *Sec. 2   RCW 43.79A.040 and 2002 c 322 s 5, 2002 c 204 s 7, and 2002 c 61 s 6 are each reenacted and amended to read as follows:
     (1) 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.
     (2) 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.
     (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
     (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington state combined fund drive account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the fruit and vegetable inspection account, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the water storage projects and water systems facilities subaccount of the public works assistance account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
     (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
     (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
     *Sec. 2 was vetoed. See message at end of chapter.

     *NEW SECTION.  Sec. 3   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.
     *Sec. 3 was vetoed. See message at end of chapter.


         Passed by the Senate April 22, 2003.
         Passed by the House April 10, 2003.
         Approved by the Governor May 16, 2003, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 16, 2003.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to sections 2 and 3, Engrossed Senate Bill No. 5014 entitled:

     "AN ACT relating to public water projects;"

This bill creates a subaccount within the Public Works Assistance Account to distribute grants for water storage projects and water system facilities.

Section 2 amends RCW 43.79A.040, with the intent that the new subaccount would retain its proportionate share of investment income. However, this section of law is related to the Treasurer's trust funds, and the Public Works Assistance Account is not a trust fund. Additionally, this section conflicts with the provisions of Chapter 150, Laws of 2003, which transfers the investment income of the Public Works Assistance Account to the Community Economic Revitalization Program.

Section 3 contains an emergency clause. Given that there is no supplemental budget funding available in the current biennium, there is no rationale for having this law take effect immediately.

For these reasons, I have vetoed sections 2 and 3 of Engrossed Senate Bill No. 5014.

With the exception of sections 2 and 3, Engrossed Senate Bill No. 5014 is approved."