SHB 3374 -
By Committee on Ways & Means
ADOPTED 03/11/2008
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 101 For the purpose of providing state funds
for federally matched flood hazard mitigation and other projects
throughout the Chehalis river basin, the state finance committee is
authorized to issue general obligation bonds of the state of Washington
in the sum of fifty million dollars, or as much thereof as may be
required, to finance the 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. 102 The proceeds from the sale of the bonds
authorized in section 101 of this act shall be deposited in the state
building construction account created by RCW 43.83.020. If the state
finance committee deems it necessary to issue taxable bonds in order to
comply with federal internal revenue service rules and regulations
pertaining to the use of nontaxable bond proceeds, the proceeds of such
taxable bonds shall be transferred to the state taxable building
construction account in lieu of any deposits otherwise provided by this
section. The state treasurer shall submit written notice to the
director of financial management if it is determined that any such
transfer to the state taxable building construction account is
necessary. Moneys in the account may be spent only after
appropriation. These proceeds shall be used exclusively for the
purposes specified in section 101 of this act and for the payment of
expenses incurred in the issuance and sale of the bonds. These
proceeds shall be administered by the office of financial management
subject to legislative appropriation.
NEW SECTION. Sec. 103 (1) The debt-limit general fund bond
retirement account shall be used for the payment of the principal of
and interest on the bonds authorized in section 101 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 each 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 debt-limit general fund bond retirement account an amount equal to
the amount certified by the state finance committee to be due on the
payment date.
NEW SECTION. Sec. 104 (1) Bonds issued under section 101 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.
(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. 105 The legislature may provide additional
means for raising moneys for the payment of the principal of and
interest on the bonds authorized in section 101 of this act, and
section 103 of this act shall not be deemed to provide an exclusive
method for the payment.
NEW SECTION. Sec. 106 The bonds authorized in section 101 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.
NEW SECTION. Sec. 201 The legislature finds that the state's
public schools and skill centers are a vital component of the future
economic prosperity of our state and provide students with access to
high-quality academic and technical skills instruction. Skill centers
challenge, motivate, and provide opportunities for students to achieve
in basic skills, critical thinking, leadership, and work skills through
hands-on education, applied academics, and technology training using a
cost-effective delivery model. The legislature further finds that
barriers to access exist for students in rural and high-density areas,
but the development of satellite and branch campus programs will
provide the needed access. The legislature further finds that existing
and proposed new skill centers will require facilities and equipment
that simulate business and industry. Therefore, it is the intent of
the legislature to provide a new source of funding for the critical
capital needs of the state's skill centers to enhance access to career
and technical education opportunities and to improve the condition of
existing facilities. Enhanced capital funding will provide skill
centers the ability to fulfill their critical role in maintaining and
stimulating the state's economy and expanding quality academic and
career and technical education opportunities to more students,
especially students who lack access to these programs to date.
In the interest of funding equity and ensuring a commitment to the
new development, major renovation, or expansion of skill centers, all
school district partners must contribute to the acquisition or major
capital costs of skill center projects supported by this act to the
greatest extent feasible.
NEW SECTION. Sec. 202 For the purpose of providing school
construction assistance grants and needed capital improvements
consisting of the predesign, design, acquisition, construction,
modification, renovation, expansion, equipping, and other improvements
of skill centers facilities, including capital improvements to support
satellite or branch campus programs for underserved rural areas or
high-density areas, the state finance committee is authorized to issue
general obligation bonds of the state of Washington in the sum of one
hundred million dollars, or as much thereof as may be required, to
finance all or a part of 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. If the
state finance committee deems it necessary to issue taxable bonds in
order to comply with federal internal revenue service rules and
regulations pertaining to the use of nontaxable bond proceeds, the
proceeds of such taxable bonds shall be transferred to the state
taxable building construction account in lieu of any deposits otherwise
provided by this section. The state treasurer shall submit written
notice to the director of financial management if it is determined that
any such transfer to the state taxable building construction account is
necessary.
NEW SECTION. Sec. 203 This chapter is not intended to limit the
legislature's ability to appropriate bond proceeds if the full amount
authorized in this chapter has not been appropriated after one biennia,
and the authorization to issue bonds contained in this chapter does not
expire until the full authorization has been appropriated and issued.
NEW SECTION. Sec. 204 (1) The proceeds from the sale of the
bonds authorized in section 202 of this act shall be deposited in the
school construction and skill centers building account created in
section 210 of this act.
(2) The proceeds shall be used exclusively for the purposes stated
in section 202 of this act and for the payment of the expenses incurred
in connection with the sale and issuance of the bonds.
NEW SECTION. Sec. 205 (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 202 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 202 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 that portion
of the common school construction fund derived from the interest on the
permanent common school fund into the nondebt-limit reimbursable bond
retirement account the amount computed in (a) of this subsection for
bonds issued for the purposes of section 202 of this act. Any
deficiency in such transfer shall be made up as soon as moneys are
available for transfer and shall constitute a continuing obligation of
that portion of the common school construction fund derived from the
interest on the permanent common school fund until all deficiencies are
fully paid.
NEW SECTION. Sec. 206 (1) Bonds issued under section 202 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.
(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. 207 The bonds authorized in section 202 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.
NEW SECTION. Sec. 208 The legislature may provide additional
means for raising moneys for the payment of the principal of and
interest on the bonds authorized in section 202 of this act, and
section 202 of this act shall not be deemed to provide an exclusive
method for the payment.
NEW SECTION. Sec. 209 This chapter provides a complete,
additional, and alternative method for accomplishing the purposes of
this chapter and is supplemental and additional to powers conferred by
other laws. The issuance of bonds under this chapter shall not be
deemed to be the only method to fund projects under this chapter.
NEW SECTION. Sec. 210 The school construction and skill centers
building account is created in the state treasury. Proceeds from the
bonds issued under section 202 of this act shall be deposited in the
account. The account shall be used for purposes stated in section 202
of this act. Moneys in the account may be spent only after
appropriation.
Sec. 301 RCW 39.42.060 and 2003 c 147 s 13 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 RCW 39.42.070, 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;
(10) Indebtedness incurred for the purposes of the school district
bond guaranty established by chapter 39.98 RCW;
(11) Indebtedness incurred for the purposes of replacing the
waterproof membrane over the east plaza garage and revising related
landscaping construction pursuant to RCW 43.99Q.070;
(12) Indebtedness incurred for the purposes of the state
legislative building rehabilitation, to the extent that principal and
interest payments of such indebtedness are paid from the capitol
building construction account pursuant to RCW 43.99Q.140(2)(b); ((and))
(13) Indebtedness incurred for the purposes of financing projects
under RCW 47.10.867; and
(14) Indebtedness incurred for the purposes of school construction
assistance grants and capital improvements for skill centers under
section 202 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.
Sec. 302 RCW 28A.245.030 and 2007 c 463 s 4 are each amended to
read as follows:
(1) The office of the superintendent of public instruction shall
review and revise the guidelines for skill centers to encourage skill
center programs. The superintendent, in cooperation with the workforce
training and education coordinating board, skill center directors, and
the Washington association for career and technical education, shall
review and revise the existing skill centers' policy guidelines and
create and adopt rules governing skill centers as follows:
(a) The threshold enrollment at a skill center shall be revised so
that a skill center program need not have a minimum of seventy percent
of its students enrolled on the skill center core campus in order to
facilitate serving rural students through expansion of skill center
programs by means of satellite programs or branch campuses;
(b) The developmental planning for branch campuses shall be
encouraged. Underserved rural areas or high-density areas may partner
with an existing skill center to create satellite programs or a branch
campus. Once a branch campus reaches sufficient enrollment to become
self-sustaining, it may become a separate skill center or remain an
extension of the founding skill center; and
(c) Satellite and branch campus programs shall be encouraged to
address high-demand fields.
(2) Rules adopted under this section shall allow for innovative
models of satellite and branch campus programs, and such programs shall
not be limited to those housed in physical buildings.
(3) The superintendent of public instruction shall develop and
deliver a ten-year capital plan for legislative review before
implementation. The superintendent of public instruction shall adopt
rules that set as a goal a ten percent minimum local project
contribution threshold for major skill center projects, unless there is
a compelling rationale not to do so, including but not limited to local
economic conditions, as determined by the superintendent of public
instruction. This applies to the acquisition or major capital costs of
skill center projects as outlined in the ten-year capital plan.
(4) Subject to available funding, the superintendent shall:
(a) Conduct approved feasibility studies for serving noncooperative
rural and high-density area students in their geographic areas; and
(b) Develop a statewide master plan that identifies standards and
resources needed to create a technology infrastructure for connecting
all skill centers to the K-20 network.
NEW SECTION. Sec. 303 Sections 101 through 106 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 304 Sections 201 through 210 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 305 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 306 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. 307 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."
SHB 3374 -
By Committee on Ways & Means
ADOPTED 03/11/2008
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "state general obligation bonds for flood hazard mitigation projects and school facilities; amending RCW 39.42.060 and 28A.245.030; adding a new chapter to Title 43 RCW; adding a new chapter to Title 28A RCW; creating a new section; and declaring an emergency."