BILL REQ. #:  S-1895.1 



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SUBSTITUTE SENATE BILL 5758
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State of Washington62nd Legislature2011 Regular Session

By Senate Ways & Means (originally sponsored by Senators Kilmer, Zarelli, Tom, Holmquist Newbry, Kohl-Welles, Ericksen, Kastama, Schoesler, and Shin)

READ FIRST TIME 02/25/11.   



     AN ACT Relating to improving management of dedicated accounts for comprehensive institutions of higher education; reenacting and amending RCW 28B.35.370; and providing an expiration date.

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

Sec. 1   RCW 28B.35.370 and 2009 c 499 s 5 and 2009 c 497 s 6021 are each reenacted and amended to read as follows:
     ((Within thirty-five days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:
     (1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing twelve months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all building fees and above described normal school fund revenues of such institution. The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the respective capital projects accounts shall be used to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities and The Evergreen State College as authorized by law. If in any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
     (2)
)) (1) All normal school fund revenue pursuant to RCW 28B.35.751 and building fees of each regional university and The Evergreen State College shall be deposited in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created ((in the state treasury)) as local accounts. The sums deposited in the respective capital projects accounts shall be ((appropriated and)) expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto except for any sums transferred therefrom as authorized by law. During the 2009-2011 biennium, sums in the respective capital accounts shall also be used for routine facility maintenance and utility costs.
     (((3))) (2) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter 39.94 RCW.
     (3) Each regional university and The Evergreen State College shall continue to support minor capital works and deferred maintenance from building fees at the level appropriated from the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, and The Evergreen State College capital projects account, in chapter 520, Laws of 2007, and chapter 328, Laws of 2008, adjusted annually by the rate of inflation as measured by the consumer price index.
     (4) Each regional university and The Evergreen State College shall continue to fund high priority major and minor capital projects and continue to assign high priority to deferred maintenance projects.
     (5) Funds available in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, and The Evergreen State College capital projects account shall not be used for auxiliary facilities paid from fees, charges, and other income derived from the ownership and use of such auxiliary facilities.
     (6) Each regional university and The Evergreen State College shall submit an annual report by January 15th each year to relevant policy and fiscal committees of the legislature, legislative staff, and the office of financial management that details expenditures by project funded by the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, and The Evergreen State College capital projects account.
     (7) Local capital projects accounts are not subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.

NEW SECTION.  Sec. 2   This act expires June 30, 2023.

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