BILL REQ. #:  S-4435.1 

READ FIRST TIME 03/09/10.   

     AN ACT Relating to creating the Washington global health technologies and product development competitiveness program and allowing certain tax credits for program contributions; amending RCW 43.79A.040; adding a new section to chapter 82.04 RCW; adding a new section to chapter 48.14 RCW; adding a new chapter to Title 43 RCW; and providing expiration dates.

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

NEW SECTION.  Sec. 1   The legislature finds that the global health sector develops new technologies and products for the improvement of health delivery locally and worldwide and that Washington is home to the world's richest collection of global health research and education programs creating new and innovative technologies on a daily basis. It is the intent of the legislature to stimulate our economy and foster job creation in the emerging field of global health while improving the health of people in our state and the world. The purpose of this act is to create a funding mechanism and a grant program to ensure that Washington remains competitive in global health innovation and to guarantee that the development, manufacture, and delivery of global health products will become an even more dynamic part of the state's economy.

NEW SECTION.  Sec. 2   (1) The Washington global health technologies and product development competitiveness program is created.
     (2)(a) The program must be administered by a board of directors appointed by the governor. The governor must make the appointments after consultation with a state-wide alliance of global health research, nonprofit, and private entities. The board consists of the following members:
     (i) Three members representing private companies engaged in the provision of global health products or services;
     (ii) Three members representing nonprofit organizations supporting global health research or providing global health products or services;
     (iii) Three members representing public research institutions engaged in global health research and education; and
     (iv) One member who is a former elected official.
     (b) The governor must appoint the chair of the board from among the members. The governor must appoint the members to staggered terms and each appointment may not last more than three years, but an appointee may serve more than one term.
     (3) The board must contract with the department of health for management services to assist the board in implementing the program.
     (4) The board must solicit and receive gifts, grants, bequests, royalty payments, licensing income, and other funds from businesses, foundations, and the federal government to promote the development and delivery of global health technologies and products. When required by those providing the funds, all such funds received must be deposited in the Washington global health technologies and product development account created in section 3 of this act. For all other funds received, the board must create and administer an account to carry out the purposes of this section. Funds from the account created by the board may be used solely for expenditures on activities required in this section.
     (5) The board must establish eligibility criteria for global health technologies and product development grants and adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.
     (6) The board must make grants to entities pursuant to contract for the development, production, promotion, and delivery of global health technologies and products considering the following:
     (a) The quality of the proposed research or the proposed technical assistance in product development or production process design. Any grant funds awarded for research activities must be awarded for nonbasic research which will assist in commercialization or manufacture of global health technologies;
     (b) The potential for the grant recipient to improve global health outcomes;
     (c) The potential for the grant to leverage additional funding for the development of global health technologies and products;
     (d) The potential for the grant to stimulate, or promote technical skills training for, employment in the development of global health technologies in the state;
     (e) The willingness of the grant recipient, when appropriate, to enter into royalty or licensing income agreements with the board; and
     (f) Any other factors, as the board determines.
     (7) Grant contracts must specify that award recipients must conduct their research, development, and any subsequent production activities within Washington, with the exception of activities such as clinical trials that must be carried out in developing countries, and that a failure to comply with this requirement will obligate the recipient to return the amount of the award plus interest as determined by the board.
     (8) Upon the recommendation of the Washington economic development commission, the board may provide funding for the recruitment and employment by public research and global health nonprofit institutions in the state of global health researchers with a history of commercialization of global health technologies.

NEW SECTION.  Sec. 3   The Washington global health technologies and product development account is created in the custody of the state treasurer. Only the board of directors of the Washington global health technologies and product development competitiveness program or the board's designee may authorize expenditures from the account. All receipts from the solicitations required in section 2 of this act must be deposited in the account if such deposition is required by those providing the funds. Expenditures from the account may be used only for funding activities of the Washington global health technologies and product development competitiveness program created in section 2 of this act. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. No state or local governmental funds may be deposited in the account and moneys in the account do not constitute public funds for the purposes of any constitutional or statutory limitation on the use of public funds. Of the total amounts deposited into the account the department of health may use up to three percent for management services and administrative expenses related to the program.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.04 RCW to read as follows:
     (1) A person is allowed a credit against taxes due under this chapter in an amount equal to fifty percent of contributions made in any fiscal year directly to the Washington global health technologies and product development account created in section 3 of this act. The credit must be taken in a form and manner as required by the department.
     (2) A person claiming the credit under this section must make a contribution to the Washington global health technologies and product development account before claiming a credit under this section.
     (3) The credit under this section may not exceed five hundred thousand dollars per fiscal year per person. The credit may not exceed the tax that would otherwise be due under this chapter.      
     (4) Refunds may not be granted in the place of credits.
     (5) Except as provided under subsection (6) of this section, a tax credit claimed under this section may not be carried over to another year.
     (6) Any amount of tax credit otherwise allowable under this section not claimed by a person in any calendar year may be carried over and claimed against the tax liability for the next succeeding calendar year. Any credit remaining unused in the next succeeding calendar year may be carried forward and claimed against the tax liability for the second succeeding calendar year; and any credit not used in that second succeeding calendar year may be carried over and claimed against the tax liability for the third succeeding calendar year, but may not be carried over for any calendar year thereafter.
     (7) Credits under this section are available on a first in-time basis. The department must disallow any credit, or portion thereof, that would cause the total amount of credits claimed under this section during any calendar year to exceed five million dollars. The department must provide written notice to any person that has claimed tax credits in excess of the five-million dollar limitation in this subsection. The notice must indicate the amount of tax due and provide that the tax be paid within thirty days from the date of such a notice. The department may not assess penalties and interest as provided in chapter 82.32 RCW on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
     (8) To claim a credit under this section, a person must electronically file with the department all returns, forms, and any other information required by the department, in an electronic format as provided or approved by the department. Any return, form, or information required to be filed in an electronic format under this section is not filed until received by the department in an electronic format. As used in this subsection, "returns" has the same meaning as "return" in RCW 82.32.050.
     (9) No application is necessary for the tax credit. The person must keep records necessary for the department to verify eligibility under this section.
     (10) The Washington global health technologies and product development competitiveness program created in section 2 of this act must provide to the department, upon request, information needed to verify eligibility for credit under this section, including information regarding contributions received by the program.
     (11) The department may not allow any credit under this section before July 1, 2010.
     (12) This section expires June 30, 2018.

NEW SECTION.  Sec. 5   A new section is added to chapter 48.14 RCW to read as follows:
     (1) An insurer earns a credit against taxes due under this chapter in an amount equal to fifty percent of the contributions made by the insurer in any fiscal year directly to the Washington global health technologies and product development account created in section 3 of this act.
      (2) The credit under this section may not exceed five hundred thousand dollars per fiscal year per insurer. The credit may not exceed the tax that would otherwise be due. Any amount of tax credit otherwise allowable under this section not claimed by an insurer in any calendar year may be carried over and claimed against the tax liability for the next succeeding calendar year. Any credit remaining unused in the next succeeding calendar year may be carried forward and claimed against the tax liability for the second succeeding calendar year. Any credit not used in that second succeeding calendar year may be carried over and claimed against the tax liability for the third succeeding calendar year, but may not be carried over for any calendar year thereafter.
     (3) Credits are available on a first in-time basis. The commissioner must disallow any credit, or portion thereof, that would cause the total amount of credits claimed under this section during any calendar year to exceed five million dollars. The commissioner must provide written notice to any person that has claimed tax credits in excess of the five-million dollar limitation in this subsection. The notice must indicate the amount of tax due and provide that the tax be paid within thirty days from the date of such a notice. The commissioner may not assess penalties and interest on the amount due in the initial notice if the amount due is paid by the due date specified in the notice, or any extension thereof.
     (4) An insurer claiming the credit under this section is subject to all the requirements of chapter 82.32 RCW. The tax credit that may be applied against state premium tax liability in any one tax year may not exceed the state premium tax liability of the insurer for such tax year.
     (5) No application is necessary for the tax credit under this section. An insurer claiming the tax credit under this section must keep records necessary for the commissioner to verify eligibility for the credit.
     (6) The Washington global health technologies and product development competitiveness program created in section 2 of this act must provide to the commissioner, upon request, information needed to verify eligibility for credit under this section, including information regarding contributions received by the program.
     (7) An insurer is not required to reduce the amount of tax pursuant to the state premium tax liability included by the insurer in connection with ratemaking for any insurance contract written in Washington because of a reduction in the insurer's tax liability based on the tax credit allowed under this act.
     (8) If the taxes paid by an insurer with respect to its state premium tax liability constitute a credit against any other tax which is imposed by Washington, the insurer's credit against such other tax will not be reduced by virtue of the reduction in the insurer's tax liability based on the tax credit allowed under this act.
     (9) This section expires June 30, 2018.

Sec. 6   RCW 43.79A.040 and 2009 c 87 s 4 are each 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 foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district 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 children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, and the reading achievement account. 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.

NEW SECTION.  Sec. 7   Sections 1 through 3 of this act constitute a new chapter in Title 43 RCW.