BILL REQ. #: Z-0995.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 02/02/12. Referred to Committee on Ways & Means.
AN ACT Relating to eliminating accounts and funds; amending RCW 70.94.6532, 43.330.090, 43.99G.020, 28A.300.440, 82.32.393, 82.45.210, 43.79A.040, 50.04.070, 50.04.072, 50.16.010, 43.330.310, 43.99I.020, 43.99Q.130, 78.56.080, 28B.95.150, 59.22.020, 59.22.032, 59.22.034, 42.16.011, 42.16.012, 28B.109.020, 28B.109.040, 28B.133.030, and 43.31A.400; reenacting and amending RCW 43.84.092; creating a new section; repealing RCW 82.14.200, 82.14.210, 70.05.125, 43.330.092, 82.14.380, 28B.57.050, 76.09.400, 43.155.055, 43.211.050, 28A.300.445, 43.63A.760, 50.12.280, 43.79.485, 82.45.200, 90.88.060, 50.16.015, 43.43.565, 41.04.395, 43.21K.170, 77.65.230, 38.52.106, 43.176.040, 43.340.120, 43.155.100, 59.22.030, 43.72.904, 42.16.016, 42.26.010, 28B.109.050, 70.94.630, 82.32.392, 28B.109.060, 43.43.866, and 66.08.235; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.94.6532 and 2009 c 118 s 403 are each amended to
read as follows:
It is hereby declared to be the policy of this state that strong
efforts should be made to minimize adverse effects on air quality from
the open burning of field and turf grasses grown for seed. To such end
this section is intended to promote the development of economical and
practical alternate agricultural practices to such burning, and to
provide for interim regulation of such burning until practical
alternates are found.
(1) The department shall approve of a study or studies for the
exploration and identification of economical and practical alternate
agricultural practices to the open burning of field and turf grasses
grown for seed. Any study conducted pursuant to this section shall be
conducted by Washington State University. The university may not
charge more than eight percent for administrative overhead. Prior to
the issuance of any permit for such burning under RCW 70.94.6528, there
shall be collected a fee not to exceed one dollar per acre of crop to
be burned. Any such fees received by any authority shall be
transferred to the department of ecology. The department of ecology
shall deposit all such acreage fees in ((a special grass seed burning
research account, hereby created, in the state treasury)) the general
fund.
(2) The department shall allocate moneys annually ((from this
account)) for the support of any approved study or studies as provided
for in subsection (1) of this section. ((Whenever the department of
ecology shall conclude that sufficient reasonably available alternates
to open burning have been developed, and at such time as all costs of
any studies have been paid, the grass seed burning research account
shall be dissolved, and any money remaining therein shall revert to the
general fund.)) The fee collected under subsection (1) of this section
shall constitute the research portion of fees required under RCW
70.94.6528 for open burning of grass grown for seed.
(3) Whenever on the basis of information available to it, the
department after public hearings have been conducted wherein testimony
will be received and considered from interested parties wishing to
testify shall conclude that any procedure, program, technique, or
device constitutes a practical alternate agricultural practice to the
open burning of field or turf grasses grown for seed, the department
shall, by order, certify approval of such alternate. Thereafter, in
any case which any such approved alternate is reasonably available, the
open burning of field and turf grasses grown for seed shall be
disallowed and no permit shall issue therefor.
(4) Until approved alternates become available, the department or
the authority may limit the number of acres on a pro rata basis among
those affected for which permits to burn will be issued in order to
effectively control emissions from this source.
(5) Permits issued for burning of field and turf grasses may be
conditioned to minimize emissions insofar as practical, including
denial of permission to burn during periods of adverse meteorological
conditions.
(6) Every two years until grass seed burning is prohibited,
Washington State University may prepare a brief report assessing the
potential of the university's research to result in economical and
practical alternatives to grass seed burning.
Sec. 2 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s.
c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s
3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to
read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury 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) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, the capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the Columbia river basin
taxable bond water supply development account, the Columbia river basin
water supply revenue recovery account, the common school construction
fund, the county arterial preservation account, the county criminal
justice assistance account, ((the county sales and use tax equalization
account,)) the deferred compensation administrative account, the
deferred compensation principal account, the department of licensing
services account, the department of retirement systems expense account,
the developmental disabilities community trust account, the drinking
water assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
((the health system capacity account,)) the high capacity
transportation account, the state higher education construction
account, the higher education construction account, the highway bond
retirement fund, the highway infrastructure account, the highway safety
account, the high occupancy toll lanes operations account, the hospital
safety net assessment fund, the industrial insurance premium refund
account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the marine resources
stewardship trust account, the medical aid account, the mobile home
park relocation fund, the motor vehicle fund, the motorcycle safety
education account, the multiagency permitting team account, the
multimodal transportation account, the municipal criminal justice
assistance account, ((the municipal sales and use tax equalization
account,)) the natural resources deposit account, the oyster reserve
land account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public transportation systems account, the
public works assistance account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the Puyallup tribal
settlement account, the real estate appraiser commission account, the
recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural mobility grant program account, the rural Washington
loan fund, the site closure account, the skilled nursing facility
safety net trust fund, the small city pavement and sidewalk account,
the special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the state wildlife
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer
firefighters' and reserve officers' relief and pension principal fund,
the volunteer firefighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
economic development commission account, the Washington state health
insurance pool account, the Washington state patrol retirement account,
the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, and the state university permanent
fund shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 3 RCW 43.330.090 and 2010 1st sp.s. c 7 s 59 are each
amended to read as follows:
(1) The department shall work with private sector organizations,
industry and sector associations, federal agencies, state agencies that
use a sector-based approach to service delivery, local governments,
local associate development organizations, and higher education and
training institutions in the development of industry sector-based
strategies to diversify the economy, facilitate technology transfer and
diffusion, and increase value-added production. The industry sectors
targeted by the department may include, but are not limited to,
aerospace, agriculture, food processing, forest products, marine
services, health and biomedical, software, digital and interactive
media, transportation and distribution, and microelectronics. The
department shall, on a continuing basis, evaluate the potential return
to the state from devoting additional resources to an industry sector-based approach to economic development and identifying and assisting
additional sectors.
(2) The department's sector-based strategies shall include, but not
be limited to, cluster-based strategies that focus on assisting
regional industry sectors and related firms and institutions that meet
the definition of an industry cluster in this section and based on
criteria identified by the working group established in this chapter.
(3)(a) The department shall promote, market, and encourage growth
in the production of films and videos, as well as television
commercials within the state; to this end the department is directed to
assist in the location of a film and video production studio within the
state.
(b) The department may, in carrying out its efforts to encourage
film and video production in the state, solicit and receive gifts,
grants, funds, fees, and endowments, in trust or otherwise, from
tribal, local, or other governmental entities, as well as private
sources, and may expend the same or any income therefrom for the
encouragement of film and video production. All revenue received for
such purposes shall be deposited into the ((film and video promotion
account created in RCW 43.330.092)) general fund.
(4) In assisting in the development of regional and statewide
industry cluster-based strategies, the department's activities shall
include, but are not limited to:
(a) Facilitating regional focus group discussions and conducting
studies to identify industry clusters, appraise the current information
linkages within a cluster, and identify issues of common concern within
a cluster;
(b) Supporting industry and cluster associations, publications of
association and cluster directories, and related efforts to create or
expand the activities of industry and cluster associations;
(c) Administering a competitive grant program to fund economic
development activities designed to further regional cluster growth. In
administering the program, the department shall work with the economic
development commission, the workforce training and education
coordinating board, the state board for community and technical
colleges, the employment security department, business, and labor.
(i) The department shall seek recommendations on criteria for
evaluating applications for grant funds and recommend applicants for
receipt of grant funds. Criteria shall include not duplicating the
purpose or efforts of industry skill panels.
(ii) Applicants must include organizations from at least two
counties and participants from the local business community. Eligible
organizations include, but are not limited to, local governments,
economic development councils, chambers of commerce, federally
recognized Indian tribes, workforce development councils, and
educational institutions.
(iii) Applications must evidence financial participation of the
partner organizations.
(iv) Eligible activities include the formation of cluster economic
development partnerships, research and analysis of economic development
needs of the cluster, the development of a plan to meet the economic
development needs of the cluster, and activities to implement the plan.
(v) Priority shall be given to applicants that complement industry
skill panels and will use the grant funds to build linkages and joint
projects.
(vi) The maximum amount of a grant is one hundred thousand dollars.
(vii) A maximum of one hundred thousand dollars total can go to
King, Pierce, Kitsap, and Snohomish counties combined.
(viii) No more than ten percent of funds received for the grant
program may be used by the department for administrative costs.
(5) As used in this chapter, "industry cluster" means a geographic
concentration of interconnected companies in a single industry, related
businesses in other industries, including suppliers and customers, and
associated institutions, including government and education.
Sec. 4 RCW 43.99G.020 and 1989 1st ex.s. c 14 s 13 are each
amended to read as follows:
Bonds issued under RCW 43.99G.010 are subject to the following
conditions and limitations:
(1) General obligation bonds of the state of Washington in the sum
of thirty-eight million fifty-four thousand dollars, or so much thereof
as may be required, shall be issued for the purpose of providing funds
for grants and loans to local governments and subdivisions of the state
for capital projects through the community economic revitalization
board and for the department of ((general administration)) enterprise
services, military department, parks and recreation commission, and
department of corrections to acquire real property and perform capital
projects which consist of the planning, designing, constructing,
remodeling, repairing, furnishing, and equipping of state buildings,
structures, utilities, roads, grounds, lands, and waters, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the state building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered by the
department of ((general administration)) enterprise services, subject
to legislative appropriation.
(2) General obligation bonds of the state of Washington in the sum
of four million six hundred thirty-five thousand dollars, or so much
thereof as may be required, shall be issued for the purpose of
providing funds for the planning, design, acquisition, construction,
and improvement of a Washington state agricultural trade center, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the state building construction account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered as provided in
the capital budget acts, subject to legislative appropriation.
(3) General obligation bonds of the state of Washington in the sum
of twenty-five million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the department
of social and health services and the department of corrections to
perform capital projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, and grounds, and to provide
for the administrative cost of such projects, including costs of bond
issuance and retirement, salaries and related costs of officials and
employees of the state, costs of insurance or credit enhancement
agreements, and other expenses incidental to the administration of
capital projects. The proceeds from the sale of the bonds issued for
the purposes of this subsection shall be deposited in the social and
health services construction account, shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered by the department of
social and health services, subject to legislative appropriation.
(4) General obligation bonds of the state of Washington in the sum
of one million dollars, or so much thereof as may be required, shall be
issued for the purpose of providing funds for the department of
((fisheries)) fish and wildlife to acquire real property and perform
capital projects which consist of the planning, designing,
constructing, remodeling, repairing, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, lands, and waters,
and to provide for the administrative cost of such projects, including
costs of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the fisheries capital projects account, shall be used exclusively for
the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered by the
department of fisheries, subject to legislative appropriation.
(5) General obligation bonds of the state of Washington in the sum
of fifty-three million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for state agencies
and the institutions of higher education, including the community
colleges, to perform capital renewal projects which consist of the
planning, designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, lands, and waters, and to provide for the administrative cost
of such projects, including costs of bond issuance and retirement,
salaries and related costs of officials and employees of the state,
costs of insurance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection
shall be deposited in the ((state facilities renewal account hereby
created in the state treasury)) general fund, shall be used exclusively
for the purposes specified in this subsection and for the payment of
expenses incurred in the issuance and sale of the bonds issued for the
purposes of this subsection, and shall be administered as provided in
the capital budget acts, subject to legislative appropriation.
(6) General obligation bonds of the state of Washington in the sum
of twenty-two million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the University
of Washington and the state community colleges to perform capital
projects which consist of the planning, designing, constructing,
remodeling, repairing, improving, furnishing, and equipping of state
buildings, structures, utilities, roads, grounds, and lands, and to
provide for the administrative cost of such projects, including costs
of bond issuance and retirement, salaries and related costs of
officials and employees of the state, costs of insurance or credit
enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection shall be deposited in
the higher education reimbursable short-term bond account hereby
created in the state treasury, shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection, and shall be administered by the University of
Washington, subject to legislative appropriation.
(7) General obligation bonds of the state of Washington in the sum
of twenty-eight million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the institutions
of higher education to perform capital projects which consist of the
planning, designing, constructing, remodeling, repairing, furnishing,
and equipping of state buildings, structures, utilities, roads,
grounds, and lands, and to provide for the administrative cost of such
projects, including costs of bond issuance and retirement, salaries and
related costs of officials and employees of the state, costs of
insurance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. The proceeds
from the sale of the bonds issued for the purposes of this subsection
shall be deposited in the higher education construction account, shall
be used exclusively for the purposes specified in this subsection and
for the payment of expenses incurred in the issuance and sale of the
bonds issued for the purposes of this subsection, and shall be
administered by Washington State University, subject to legislative
appropriation.
(8) General obligation bonds of the state of Washington in the sum
of seventy-five million dollars, or so much thereof as may be required,
shall be issued for the purpose of providing funds for the institutions
of higher education, including facilities for the community college
system, to perform capital projects which consist of the planning,
designing, constructing, remodeling, repairing, furnishing, and
equipping of state buildings, structures, utilities, roads, grounds,
and lands, and to provide for the administrative cost of such projects,
including costs of bond issuance and retirement, salaries and related
costs of officials and employees of the state, costs of insurance or
credit enhancement agreements, and other expenses incidental to the
administration of capital projects. The proceeds from the sale of the
bonds issued for the purposes of this subsection, together with all
grants, donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction
account in the state treasury and shall be used exclusively for the
purposes specified in this subsection and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this subsection.
Sec. 5 RCW 28A.300.440 and 2003 c 22 s 3 are each amended to read
as follows:
(1) The natural science, wildlife, and environmental education
grant program is hereby created, subject to the availability of funds
((in the natural science, wildlife, and environmental education
partnership account)). The program is created to promote proven and
innovative natural science, wildlife, and environmental education
programs that are fully aligned with the state's essential academic
learning requirements, and includes but is not limited to instruction
about renewable resources, responsible use of resources, and
conservation.
(2) The superintendent of public instruction shall establish and
publish funding criteria for environmental, natural science, wildlife,
forestry, and agricultural education grants. The office of (([the]))
the superintendent of public instruction shall involve a cross-section
of stakeholder groups to develop socially, economically, and
environmentally balanced funding criteria. These criteria shall be
based on compliance with the essential academic learning requirements
and use methods that encourage critical thinking. The criteria must
also include environmental, natural science, wildlife, forestry, and
agricultural education programs with one or more of the following
features:
(a) Interdisciplinary approaches to environmental, natural science,
wildlife, forestry, and agricultural issues;
(b) Programs that target underserved, disadvantaged, and
multicultural populations;
(c) Programs that reach out to schools across the state that would
otherwise not have access to specialized environmental, natural
science, wildlife, forestry, and agricultural education programs;
(d) Proven programs offered by innovative community partnerships
designed to improve student learning and strengthen local communities.
(3) Eligible uses of grants include, but are not limited to:
(a) Continuing in-service and preservice training for educators
with materials specifically developed to enable educators to teach
essential academic learning requirements in a compelling and effective
manner;
(b) Proven, innovative programs that align the basic subject areas
of the common school curriculum in chapter 28A.230 RCW with the
essential academic learning requirements; the basic subject areas
should be integrated by using environmental education, natural science,
wildlife, forestry, agricultural, and natural environment curricula to
meet the needs of various learning styles; and
(c) Support and equipment needed for the implementation of the
programs in this section.
(4) Grants may only be disbursed to nonprofit organizations exempt
from income tax under section 501(c) of the federal internal revenue
code that can provide matching funds or in-kind services.
(5) Grants may not be used for any partisan or political
activities.
Sec. 6 RCW 82.32.393 and 1997 c 368 s 12 are each amended to read
as follows:
If a business is allowed an exemption under RCW 82.08.810,
82.12.810, 82.08.811, 82.12.811, or 84.36.487, and the business ceases
operation of the facility for which the exemption is allowed, the
business shall deposit into the ((displaced workers account established
in RCW 50.12.280)) general fund an amount equal to the fair market
value of one-quarter of the total sulfur dioxide allowances authorized
by federal law available to the facility at the time of cessation of
operation of the generation facility as if the allowances were sold for
a period of ten years following the time of cessation of operation of
the generation facility. This section expires December 31, 2015.
Sec. 7 RCW 82.45.210 and 2006 c 312 s 2 are each amended to read
as follows:
(1) To the extent that funds are appropriated, the department shall
administer a grant program for counties to assist in the development,
implementation, and maintenance of an electronic processing and
reporting system for real estate excise tax affidavits that is
compatible with the automated real estate excise tax system developed
by the department, and to assist in complying with the requirements of
RCW 82.45.180(1).
(2) Subject to the limits in subsection (3) of this section, the
amount of the grant shall be equal to the amount paid by a county to:
(a) Purchase computer hardware or software, or to repair or upgrade
existing computer hardware or software, used for the electronic
processing and reporting of real estate excise tax affidavits and that
is compatible with the automated real estate excise tax system
developed by the department; and
(b) Make changes to existing software that are necessary to comply
with the requirements of RCW 82.45.180(1).
(3)(a) No county is eligible for grants under this section totaling
more than one hundred thousand dollars.
(b) Grant funds shall not be awarded for expenditures made by a
county with funds distributed to the county by the state treasurer
under RCW 82.45.180(3)(b).
(4) No more than three million nine hundred thousand dollars in
grants may be awarded under this section.
(((5) The source of funds for this grant program is the real estate
excise tax grant account created in RCW 82.45.200.))
Sec. 8 RCW 43.79A.040 and 2011 1st sp.s. c 37 s 603 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, and may be commingled with moneys in the state treasury
for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust
fund must 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 must occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings
credited to the investment income account to the state general fund
except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must 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
accessible communities account, the community and technical college
innovation 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 county enhanced 911 excise tax 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 industrial insurance rainy day 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, and the
reduced cigarette ignition propensity account((, and the reading
achievement account)).
(c) The following accounts and funds must 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 federal narcotics asset forfeitures account, the high
occupancy vehicle account, the local rail service assistance account,
and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the custody of the
state treasurer that deposits funds into a fund or account in the
custody of the state treasurer pursuant to an agreement with the office
of the state treasurer shall receive its proportionate share of
earnings based upon each account's or fund's average daily balance for
the period.
(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. 9 RCW 50.04.070 and 1985 ex.s. c 5 s 4 are each amended to
read as follows:
"Contributions" means the money payments due to the state
unemployment compensation fund as provided in RCW 50.24.010((, to the
federal interest payment fund under RCW 50.16.070,)) or to the special
account in the administrative contingency fund under RCW 50.24.014.
Sec. 10 RCW 50.04.072 and 1985 ex.s. c 5 s 5 are each amended to
read as follows:
The terms "contributions" and "payments in lieu of contributions"
used in this title, whether singular or plural, designate the money
payments to be made to the state unemployment compensation fund((, to
the federal interest payment fund under RCW 50.16.070,)) or to the
special account in the administrative contingency fund under RCW
50.24.014 and are deemed to be taxes due to the state of Washington.
Sec. 11 RCW 50.16.010 and 2009 c 564 s 946 are each amended to
read as follows:
(1) There shall be maintained as special funds, separate and apart
from all public moneys or funds of this state an unemployment
compensation fund((,)) and an administrative contingency fund, ((and a
federal interest payment fund,)) which shall be administered by the
commissioner exclusively for the purposes of this title, and to which
RCW 43.01.050 shall not be applicable.
(2)(a) The unemployment compensation fund shall consist of:
(i) All contributions collected under RCW 50.24.010 and payments in
lieu of contributions collected pursuant to the provisions of this
title;
(ii) Any property or securities acquired through the use of moneys
belonging to the fund;
(iii) All earnings of such property or securities;
(iv) Any moneys received from the federal unemployment account in
the unemployment trust fund in accordance with Title XII of the social
security act, as amended;
(v) All money recovered on official bonds for losses sustained by
the fund;
(vi) All money credited to this state's account in the unemployment
trust fund pursuant to section 903 of the social security act, as
amended;
(vii) All money received from the federal government as
reimbursement pursuant to section 204 of the federal-state extended
compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304); and
(viii) All moneys received for the fund from any other source.
(b) All moneys in the unemployment compensation fund shall be
commingled and undivided.
(3)(a) Except as provided in (b) of this subsection, the
administrative contingency fund shall consist of:
(i) All interest on delinquent contributions collected pursuant to
this title;
(ii) All fines and penalties collected pursuant to the provisions
of this title;
(iii) All sums recovered on official bonds for losses sustained by
the fund; and
(iv) Revenue received under RCW 50.24.014.
(b) All fees, fines, forfeitures, and penalties collected or
assessed by a district court because of the violation of this title or
rules adopted under this title shall be remitted as provided in chapter
3.62 RCW.
(c) Except as provided in (d) of this subsection, moneys available
in the administrative contingency fund, other than money in the special
account created under RCW 50.24.014, shall be expended upon the
direction of the commissioner, with the approval of the governor,
whenever it appears to him or her that such expenditure is necessary
solely for:
(i) The proper administration of this title and that insufficient
federal funds are available for the specific purpose to which such
expenditure is to be made, provided, the moneys are not substituted for
appropriations from federal funds which, in the absence of such moneys,
would be made available.
(ii) The proper administration of this title for which purpose
appropriations from federal funds have been requested but not yet
received, provided, the administrative contingency fund will be
reimbursed upon receipt of the requested federal appropriation.
(iii) The proper administration of this title for which compliance
and audit issues have been identified that establish federal claims
requiring the expenditure of state resources in resolution. Claims
must be resolved in the following priority: First priority is to
provide services to eligible participants within the state; second
priority is to provide substitute services or program support; and last
priority is the direct payment of funds to the federal government.
(d)(i) During the 2007-2009 fiscal biennium, moneys available in
the administrative contingency fund, other than money in the special
account created under RCW 50.24.014(1)(a), shall be expended as
appropriated by the legislature for: (A) The cost of the job skills or
worker retraining programs at the community and technical colleges and
administrative costs at the state board for community and technical
colleges; and (B) reemployment services such as business and project
development assistance, local economic development capacity building,
and local economic development financial assistance at the department
of ((community, trade, and economic development)) commerce. The
remaining appropriation may be expended as specified in (c) of this
subsection.
(ii) During the 2009-2011 fiscal biennium, moneys available in the
administrative contingency fund, other than money in the special
account created under RCW 50.24.014(1)(a), shall be expended by the
department of social and health services as appropriated by the
legislature for employment and training services and programs in the
WorkFirst program, and for the administrative costs of state agencies
participating in the WorkFirst program. The remaining appropriation
may be expended as specified in (c) of this subsection.
(4) Money in the special account created under RCW 50.24.014(1)(a)
may only be expended, after appropriation, for the purposes specified
in this section and RCW 50.62.010, 50.62.020, 50.62.030, 50.24.014,
50.44.053, and 50.22.010.
Sec. 12 RCW 43.330.310 and 2010 c 187 s 2 are each amended to
read as follows:
(1) The legislature establishes a comprehensive green economy jobs
growth initiative based on the goal of, by 2020, increasing the number
of green economy jobs to twenty-five thousand from the eight thousand
four hundred green economy jobs the state had in 2004.
(2) The department, in consultation with the employment security
department, the state workforce training and education coordinating
board, and the state board for community and technical colleges, ((and
the higher education coordinating board,)) shall develop a defined list
of terms, consistent with current workforce and economic development
terms, associated with green economy industries and jobs.
(3)(a) The employment security department, in consultation with the
department, the state workforce training and education coordinating
board, the state board for community and technical colleges, ((the
higher education coordinating board,)) Washington State University
small business development center, and the Washington State University
extension energy program, shall conduct labor market research to
analyze the current labor market and projected job growth in the green
economy, the current and projected recruitment and skill requirement of
green economy industry employers, the wage and benefits ranges of jobs
within green economy industries, and the education and training
requirements of entry-level and incumbent workers in those industries.
(i) The employment security department shall conduct an analysis of
occupations in the forest products industry to: (A) Determine key
growth factors and employment projections in the industry; and (B)
define the education and skill standards required for current and
emerging green occupations in the industry.
(ii) The term "forest products industry" must be given a broad
interpretation when implementing (a)(i) of this subsection and
includes, but is not limited to, businesses that grow, manage, harvest,
transport, and process forest, wood, and paper products.
(b) The University of Washington business and economic development
center shall: Analyze the current opportunities for and participation
in the green economy by minority and women-owned business enterprises
in Washington; identify existing barriers to their successful
participation in the green economy; and develop strategies with
specific policy recommendations to improve their successful
participation in the green economy. The research may be informed by
the research of the Puget Sound regional council prosperity
partnership, as well as other entities. The University of Washington
business and economic development center shall report to the
appropriate committees of the house of representatives and the senate
on their research, analysis, and recommendations by December 1, 2008.
(4) Based on the findings from subsection (3) of this section, the
employment security department, in consultation with the department and
taking into account the requirements and goals of chapter 14, Laws of
2008 and other state clean energy and energy efficiency policies, shall
propose which industries will be considered high-demand green
industries, based on current and projected job creation and their
strategic importance to the development of the state's green economy.
The employment security department and the department shall take into
account which jobs within green economy industries will be considered
high-wage occupations and occupations that are part of career pathways
to the same, based on family-sustaining wage and benefits ranges.
These designations, and the results of the employment security
department's broader labor market research, shall inform the planning
and strategic direction of the department, the state workforce training
and education coordinating board, and the state board for community and
technical colleges((, and the higher education coordinating board)).
(5) The department shall identify emerging technologies and
innovations that are likely to contribute to advancements in the green
economy, including the activities in designated innovation partnership
zones established in RCW 43.330.270.
(6) The department, consistent with the priorities established by
the state economic development commission, shall:
(a) Develop targeting criteria for existing investments, and make
recommendations for new or expanded financial incentives and
comprehensive strategies, to recruit, retain, and expand green economy
industries and small businesses; and
(b) Make recommendations for new or expanded financial incentives
and comprehensive strategies to stimulate research and development of
green technology and innovation, including designating innovation
partnership zones linked to the green economy.
(7) For the purposes of this section, "target populations" means
(a) entry-level or incumbent workers in high-demand green industries
who are in, or are preparing for, high-wage occupations; (b) dislocated
workers in declining industries who may be retrained for high-wage
occupations in high-demand green industries; (c) dislocated
agriculture, timber, or energy sector workers who may be retrained for
high-wage occupations in high-demand green industries; (d) eligible
veterans or national guard members; (e) disadvantaged populations; or
(f) anyone eligible to participate in the state opportunity grant
program under RCW 28B.50.271.
(8) The legislature directs the state workforce training and
education coordinating board to create and pilot green industry skill
panels. These panels shall consist of business representatives from:
Green industry sectors, including but not limited to forest product
companies, companies engaged in energy efficiency and renewable energy
production, companies engaged in pollution prevention, reduction, and
mitigation, and companies engaged in green building work and green
transportation; labor unions representing workers in those industries
or labor affiliates administering state-approved, joint apprenticeship
programs or labor-management partnership programs that train workers
for these industries; state and local veterans agencies; employer
associations; educational institutions; and local workforce development
councils within the region that the panels propose to operate; and
other key stakeholders as determined by the applicant. Any of these
stakeholder organizations are eligible to receive grants under this
section and serve as the intermediary that convenes and leads the
panel. Panel applicants must provide labor market and industry
analysis that demonstrates high demand, or demand of strategic
importance to the development of the state's clean energy economy as
identified in this section, for high-wage occupations, or occupations
that are part of career pathways to the same, within the relevant
industry sector. The panel shall:
(a) Conduct labor market and industry analyses, in consultation
with the employment security department, and drawing on the findings of
its research when available;
(b) Plan strategies to meet the recruitment and training needs of
the industry and small businesses; and
(c) Leverage and align other public and private funding sources.
(((9) The green industries jobs training account is created in the
state treasury. Moneys from the account must be utilized to supplement
the state opportunity grant program established under RCW 28B.50.271.
All receipts from appropriations directed to the account must be
deposited into the account. Expenditures from the account may be used
only for the activities identified in this subsection. The state board
for community and technical colleges, in consultation with the state
workforce training and education coordinating board, informed by the
research of the employment security department and the strategies
developed in this section, may authorize expenditures from the account.
The state board for community and technical colleges must distribute
grants from the account on a competitive basis.))
(a)(i) Allowable uses of these grant funds, which should be used
when other public or private funds are insufficient or unavailable, may
include:
(A) Curriculum development;
(B) Transitional jobs strategies for dislocated workers in
declining industries who may be retrained for high-wage occupations in
green industries;
(C) Workforce education to target populations; and
(D) Adult basic and remedial education as necessary linked to
occupation skills training.
(ii) Allowable uses of these grant funds do not include student
assistance and support services available through the state opportunity
grant program under RCW 28B.50.271.
(b) Applicants eligible to receive these grants may be any
organization or a partnership of organizations that has demonstrated
expertise in:
(i) Implementing effective education and training programs that
meet industry demand; and
(ii) Recruiting and supporting, to successful completion of those
training programs carried out under these grants, the target
populations of workers.
(c) In awarding grants from the green industries jobs training
account, the state board for community and technical colleges shall
give priority to applicants that demonstrate the ability to:
(i) Use labor market and industry analysis developed by the
employment security department and green industry skill panels in the
design and delivery of the relevant education and training program, and
otherwise utilize strategies developed by green industry skill panels;
(ii) Leverage and align existing public programs and resources and
private resources toward the goal of recruiting, supporting, educating,
and training target populations of workers;
(iii) Work collaboratively with other relevant stakeholders in the
regional economy;
(iv) Link adult basic and remedial education, where necessary, with
occupation skills training;
(v) Involve employers and, where applicable, labor unions in the
determination of relevant skills and competencies and, where relevant,
the validation of career pathways; and
(vi) Ensure that supportive services, where necessary, are
integrated with education and training and are delivered by
organizations with direct access to and experience with the targeted
population of workers.
Sec. 13 RCW 43.99I.020 and 1997 c 456 s 38 are each amended to
read as follows:
Bonds issued under RCW 43.99I.010 are subject to the following
conditions and limitations:
General obligation bonds of the state of Washington in the sum of
one billion two hundred seventy-one million sixty-five thousand
dollars, or so much thereof as may be required, shall be issued for the
purposes described and authorized by the legislature in the capital and
operating appropriations acts for the 1991-93 fiscal biennium and
subsequent fiscal biennia, and to provide for the administrative cost
of such projects, including costs of bond issuance and retirement,
salaries and related costs of officials and employees of the state,
costs of insurance or credit enhancement agreements, and other expenses
incidental to the administration of capital projects. Subject to such
changes as may be required in the appropriations acts, the proceeds
from the sale of the bonds issued for the purposes of this
((subsection)) section shall be deposited in the state building
construction account created by RCW 43.83.020 and transferred as
follows:
(1) Eight hundred thirty-five thousand dollars to the state higher
education construction account created by RCW 28B.10.851;
(2) Eight hundred seventy-one million dollars to the state building
construction account created by RCW 43.83.020;
(3) Two million eight hundred thousand dollars to the energy
efficiency services account created by RCW 39.35C.110;
(4) ((Two hundred fifty-five million five hundred thousand dollars
to the common school reimbursable construction account hereby created
in the state treasury;)) Ninety-eight million six hundred forty-eight thousand dollars
to the higher education reimbursable construction account hereby
created in the state treasury;
(5)
(((6))) (5) Three million two hundred eighty-four thousand dollars
to the data processing building construction account created in RCW
43.99I.100; and
(((7))) (6) Nine hundred thousand dollars to the Washington state
dairy products commission facility account created in RCW 43.99I.110.
These proceeds shall be used exclusively for the purposes specified
in this ((subsection)) section, and for the payment of expenses
incurred in the issuance and sale of the bonds issued for the purposes
of this section, and shall be administered by the office of financial
management, subject to legislative appropriation.
Sec. 14 RCW 43.99Q.130 and 2011 1st sp.s. c 49 s 7009 are each
amended to read as follows:
(1) For the purpose of providing funds for the planning, design,
construction, and other necessary costs for the rehabilitation of the
state legislative building, the state finance committee is authorized
to issue general obligation bonds of the state of Washington in the sum
of eighty-two million five hundred ten thousand dollars or as much
thereof as may be required to finance the rehabilitation and
improvements to the legislative building and all costs incidental
thereto. The approved rehabilitation plan includes costs associated
with earthquake repairs and future earthquake mitigation and allows for
associated relocation costs and the acquisition of appropriate
relocation space. Bonds authorized in this section may be sold at a
price the state finance committee determines. 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. The
proceeds of the sale of the bonds issued for the purposes of this
section shall be deposited in the ((capitol historic district
construction account hereby created in the state treasury)) general
fund. These proceeds shall be used exclusively for the purposes
specified in this section and for the payment of expenses incurred in
the issuance and sale of the bonds issued for the purposes of this
section, and shall be administered by the office of financial
management subject to legislative appropriation.
(2) If any bonds authorized in this chapter have not been issued by
June 30, 2013, the authority of the state finance committee to issue
such remaining unissued bonds shall expire June 30, 2013.
Sec. 15 RCW 78.56.080 and 1997 c 170 s 1 are each amended to read
as follows:
(1) ((The metals mining account is created in the state treasury.
Expenditures from this account are subject to appropriation.
Expenditures from this account may only be used for: (a) The
additional inspections of metals mining and milling operations required
by RCW 78.56.070 and (b) the metals mining coordinator established in
RCW 78.56.060.))(a) As part of its normal budget development process and in
consultation with the metals mining industry, the department of ecology
shall estimate the costs required for the department to meet its
obligations for the additional inspections of metals mining and milling
operations required by chapter 232, Laws of 1994. The department shall
also estimate the cost of employing the metals mining coordinator
established in RCW 78.56.060.
(2)
(b) As part of its normal budget development process and in
consultation with the metals mining industry, the department of natural
resources shall estimate the costs required for the department to meet
its obligations for the additional inspections of metals mining and
milling operations required by chapter 232, Laws of 1994.
(((3))) (2) Based on the cost estimates generated by the department
of ecology and the department of natural resources, the department of
ecology shall establish the amount of a fee to be paid by each active
metals mining and milling operation regulated under this chapter. The
fee shall be established at a level to fully recover the direct and
indirect costs of the agency responsibilities identified in subsection
(((2))) (1) of this section. The amount of the fee for each operation
shall be proportional to the number of visits required per site. Each
applicant for a metals mining and milling operation shall also be
assessed the fee based on the same criterion. The department of
ecology may adjust the fees established in this subsection if
unanticipated activity in the industry increases or decreases the
amount of funding necessary to meet agencies' inspection
responsibilities.
(((4))) (3) The department of ecology shall collect the fees
established in subsection (((3))) (2) of this section. All moneys from
these fees shall be deposited into the ((metals mining account))
general fund.
Sec. 16 RCW 28B.95.150 and 2011 1st sp.s. c 12 s 4 are each
amended to read as follows:
(1) The committee may establish a college savings program. If such
a program is established, the college savings program shall be
established, in such form as may be determined by the committee, to be
a qualified state tuition program as defined by the internal revenue
service under section 529 of the internal revenue code, and shall be
administered in a manner consistent with the Washington advanced
college tuition payment program. The committee, in planning and
devising the program, shall consult with the state investment board,
the state treasurer, the state actuary, the legislative fiscal and
higher education committees, and the institutions of higher education.
The governing body may, at its discretion, consult with a qualified
actuarial consulting firm with appropriate expertise to evaluate such
plans for periodic assessments of the program.
(2) Up to two hundred thousand dollars of administrative fees
collected from guaranteed education tuition program participants may be
applied as a loan to fund the development of a college savings program.
This loan must be repaid with interest before the conclusion of the
biennium in which the committee draws funds for this purpose from the
advanced college tuition payment program account.
(3) ((If such a college savings program is established, the college
savings program account is created in the custody of the state
treasurer for the purpose of administering the college savings program.
If created, the account shall be a discrete nontreasury account in the
custody of the state treasurer. Interest earnings shall be retained in
accordance with RCW 43.79A.040. Disbursements from the account, except
for program administration, are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. Money used for program
administration is subject to the allotment provisions, but without
appropriation.)) The committee, after consultation with the state investment
board, shall determine the investment policies for the college savings
program. Program contributions may be invested by the state investment
board or the committee may contract with an investment company licensed
to conduct business in this state to do the investing. The committee
shall keep or cause to be kept full and adequate accounts and records
of the assets of each individual participant in the college savings
program.
(4)
(((5))) (4) Neither the state nor any eligible educational
institution may be considered or held to be an insurer of the funds or
assets of the individual participant accounts in the college savings
program created under this section nor may any such entity be held
liable for any shortage of funds in the event that balances in the
individual participant accounts are insufficient to meet the
educational expenses of the institution chosen by the student for which
the individual participant account was intended.
(((6))) (5) The committee shall adopt rules to implement this
section. Such rules shall include but not be limited to
administration, investment management, promotion, and marketing;
compliance with internal revenue service standards; application
procedures and fees; start-up costs; phasing in the savings program and
withdrawals therefrom; deterrents to early withdrawals and provisions
for hardship withdrawals; and reenrollment in the savings program after
withdrawal.
(((7))) (6) The committee may, at its discretion, determine to
cease operation of the college savings program if it determines the
continuation is not in the best interest of the state. The committee
shall adopt rules to implement this section addressing the orderly
distribution of assets.
Sec. 17 RCW 59.22.020 and 2011 c 158 s 6 are each amended to read
as follows:
The following definitions shall apply throughout this chapter
unless the context clearly requires otherwise:
(1) "Affordable" means that, where feasible, low-income residents
should not pay more than thirty percent of their monthly income for
housing costs.
(2) "Conversion costs" includes the cost of acquiring the mobile
home park, the costs of planning and processing the conversion, the
costs of any needed repairs or rehabilitation, and any expenditures
required by a government agency or lender for the project.
(3) "Department" means the department of commerce.
(4) (("Fund" or "park purchase account" means the mobile home park
purchase account created pursuant to RCW 59.22.030.)) "Housing costs" means the total cost of owning, occupying,
and maintaining a mobile home and a lot or space in a mobile home park.
(5)
(((6))) (5) "Individual interest in a mobile home park" means any
interest which is fee ownership or a lesser interest which entitles the
holder to occupy a lot or space in a mobile home park for a period of
not less than either fifteen years or the life of the holder.
Individual interests in a mobile home park include, but are not limited
to, the following:
(a) Ownership of a lot or space in a mobile home park or
subdivision;
(b) A membership or shares in a stock cooperative, or a limited
equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which
owns, operates, or owns and operates the mobile home park.
(((7))) (6) "Landlord" shall have the same meaning as it does in
RCW 59.20.030.
(((8))) (7) "Low-income resident" means an individual or household
who resided in the mobile home park prior to application for a loan
pursuant to this chapter and with an annual income at or below eighty
percent of the median income for the county of standard metropolitan
statistical area of residence. Net worth shall be considered in the
calculation of income with the exception of the resident's
mobile/
(((9))) (8) "Low-income spaces" means those spaces in a mobile home
park operated by a resident organization which are occupied by low-income residents.
(((10))) (9) "Manufactured housing" means residences constructed on
one or more chassis for transportation, and which bear an insignia
issued by a state or federal regulatory agency indication compliance
with all applicable construction standards of the United States
department of housing and urban development.
(((11))) (10) "Mobile home" shall have the same meaning as it does
in RCW 43.22.335.
(((12))) (11) "Mobile home lot" shall have the same meaning as it
does in RCW 59.20.030.
(((13))) (12) "Mobile home park" means a mobile home park, as
defined in RCW 59.20.030(10), or a manufactured home park subdivision
as defined by RCW 59.20.030(12) created by the conversion to resident
ownership of a mobile home park.
(((14))) (13) "Resident organization" means a group of mobile home
park residents who have formed a nonprofit corporation, cooperative
corporation, or other entity or organization for the purpose of
acquiring the mobile home park in which they reside and converting the
mobile home park to resident ownership. The membership of a resident
organization shall include at least two-thirds of the households
residing in the mobile home park at the time of application for
assistance from the department.
(((15))) (14) "Resident ownership" means, depending on the context,
either the ownership, by a resident organization, as defined in this
section, of an interest in a mobile home park which entitles the
resident organization to control the operations of the mobile home park
for a term of no less than fifteen years, or the ownership of
individual interests in a mobile home park, or both.
(((16))) (15) "Tenant" means a person who rents a mobile home lot
for a term of one month or longer and owns the mobile home on the lot.
Sec. 18 RCW 59.22.032 and 1993 c 66 s 10 are each amended to read
as follows:
(1) The department may make loans ((from the fund)) to resident
organizations for the purpose of financing mobile home park conversion
costs. The department may only make loans to resident organizations of
mobile home parks where a significant portion of the residents are low-income or infirm.
(2) The department may make loans ((from the fund)) to low-income
residents of mobile home parks converted to resident ownership or which
plan to convert to resident ownership. The purpose of providing loans
under this subsection is to reduce the monthly housing costs for low-income residents to an affordable level. The department may establish
flexible repayment terms for loans provided under this subsection if
the terms are necessary to reduce the monthly housing costs for low-income residents to an affordable level, and do not represent an
unacceptable risk ((to the security of the fund)). Flexible repayment
terms may include, but are not limited to, graduated payment schedules
with negative amortization.
Sec. 19 RCW 59.22.034 and 1993 c 66 s 11 are each amended to read
as follows:
(1) Any loans granted under RCW 59.22.032 shall be for a term of no
more than thirty years.
(2) The department shall establish the rate of interest to be paid
on loans ((made from the fund)).
(3) The department shall obtain security for loans made under this
chapter. The security may be in the form of a note, deed of trust,
assignment of lease, or other form of security on real or personal
property which the department determines is adequate to protect ((the
security of the fund and)) the interests of the state. To the extent
applicable, the documents evidencing the security shall be recorded or
referenced in a recorded document in the office of the county auditor
of the county in which the mobile home park is located.
(4) The department may contract with private lenders, nonprofit
organizations, or units of local government to provide program
administration and to service loans made under this chapter.
Sec. 20 RCW 42.16.011 and 1985 c 57 s 25 are each amended to read
as follows:
A state payroll revolving account ((and an agency payroll revolving
fund are)) is created in the state treasury, for the payment of
compensation to employees and officers of the state and distribution of
all amounts withheld therefrom pursuant to law and amounts authorized
by employees to be withheld pursuant to law; also for the payment of
the state's contributions for retirement and insurance and other
employee benefits: PROVIDED, That the utilization of the state payroll
revolving account shall be optional except for agencies whose payrolls
are prepared under a centralized system established pursuant to
regulations of the director of financial management((: PROVIDED
FURTHER, That the utilization of the agency payroll revolving fund
shall be optional for agencies whose operations are funded in whole or
part other than by funds appropriated from the state treasury)).
Sec. 21 RCW 42.16.012 and 1981 c 9 s 2 are each amended to read
as follows:
The amounts to be disbursed from the state payroll revolving
account from time to time on behalf of agencies utilizing such account
shall be transferred thereto by the state treasurer from appropriated
funds properly chargeable with the disbursement for the purposes set
forth in RCW 42.16.011, on or before the day prior to scheduled
disbursement. ((The amounts to be disbursed from the agency payroll
revolving fund from time to time on behalf of agencies electing to
utilize such fund shall be deposited therein by such agencies from
funds held by the agency pursuant to law outside the state treasury and
properly chargeable with the disbursement for the purposes set forth in
RCW 42.16.011, on or before the day prior to scheduled disbursement.))
Sec. 22 RCW 28B.109.020 and 2011 1st sp.s. c 11 s 196 are each
amended to read as follows:
The Washington international exchange scholarship program is
created ((subject to funding under RCW 28B.109.060)). The program
shall be administered by the office. In administering the program, the
office may:
(1) Convene an advisory committee that may include but need not be
limited to representatives of the office of the superintendent of
public instruction, the department of commerce, the secretary of state,
private business, and institutions of higher education;
(2) Select students to receive the scholarship with the assistance
of a screening committee composed of leaders in business, international
trade, and education;
(3) Adopt necessary rules and guidelines including rules for
disbursing scholarship funds to participants;
(4) Publicize the program;
(5) Solicit and accept grants and donations from public and private
sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from which
participants may be selected in consultation with the department of
((community, trade, and economic development)) commerce.
Sec. 23 RCW 28B.109.040 and 2011 1st sp.s. c 11 s 198 are each
amended to read as follows:
If funds are available, the office shall select students yearly to
receive a Washington international exchange student scholarship ((from
moneys earned from the Washington international exchange scholarship
endowment fund created in RCW 28B.109.060,)) from funds appropriated to
the office for this purpose, or from any private donations, or from any
other funds given to the office for this program.
Sec. 24 RCW 28B.133.030 and 2011 1st sp.s. c 11 s 236 are each
amended to read as follows:
(((1) The students with dependents grant account is created in the
custody of the state treasurer. All receipts from the program shall be
deposited into the account. Only the office of student financial
assistance, or its designee, may authorize expenditures from the
account. Disbursements from the account are exempt from appropriations
and the allotment procedures under chapter 43.88 RCW.)) The office may solicit and receive gifts, grants, or
endowments from private sources that are made from time to time, in
trust or otherwise, for the use and benefit of the purposes of the
educational assistance grant program. The director, or the director's
designee, may spend gifts, grants, or endowments or income from the
private sources according to their terms unless the receipt of the
gifts, grants, or endowments violates RCW 42.17A.560.
(2)
(((3) The earnings on the account shall be used solely for the
purposes in RCW 28B.133.010, except when the terms of a conditional
gift of private moneys in the account require that a portion of
earnings on such moneys be reinvested in the account.))
Sec. 25 RCW 43.31A.400 and 1991 sp.s. c 13 s 27 are each amended
to read as follows:
The economic assistance authority established by section 2, chapter
117, Laws of 1972 ex. sess. as amended by section 111, chapter 34, Laws
of 1975-'76 2nd ex. sess. is abolished, effective June 30, 1982. Any
remaining duties of the economic assistance authority are transferred
to the department of revenue on that date. ((The public facilities
construction loan and grant revolving account within the state treasury
is continued to service the economic assistance authority's loans.))
NEW SECTION. Sec. 26 The following acts or parts of acts are
each repealed:
(1) RCW 82.14.200 (County sales and use tax equalization account--Allocation procedure) and 2003 1st sp.s. c 25 s 941, 1998 c 321 s 8,
1997 c 333 s 2, 1991 sp.s. c 13 s 15, 1990 c 42 s 313, 1985 c 57 s 82,
1984 c 225 s 5, 1983 c 99 s 1, & 1982 1st ex.s. c 49 s 21;
(2) RCW 82.14.210 (Municipal sales and use tax equalization
account -- Allocation procedure) and 2003 1st sp.s. c 25 s 942, 1996 c 64
s 1, 1991 sp.s. c 13 s 16, 1990 2nd ex.s. c 1 s 701, 1990 c 42 s 314,
1985 c 57 s 83, 1984 c 225 s 2, & 1982 1st ex.s. c 49 s 22;
(3) RCW 70.05.125 (County public health account -- Distribution to
local public health jurisdictions) and 2010 c 271 s 101, 2009 c 479 s
48, 1998 c 266 s 1, 1997 c 333 s 1, & 1995 1st sp.s. c 15 s 1;
(4) RCW 43.330.092 (Film and video promotion account -- Promotion of
film and video production industry) and 2009 c 565 s 5, 2005 c 136 s
15, & 1997 c 220 s 222;
(5) RCW 82.14.380 (Distressed county assistance account -- Created--Distributions) and 2011 c 5 s 920, 1999 c 311 s 201, & 1998 c 321 s 10;
(6) RCW 28B.57.050 (Disposition of proceeds -- 1975 community college
capital construction account, use) and 1991 sp.s. c 13 s 51, 1985 c 57
s 18, & 1975 1st ex.s. c 65 s 5;
(7) RCW 76.09.400 (Forests and fish account -- Created) and 1999
sp.s. c 4 s 1402;
(8) RCW 43.155.055 (Water storage projects and water systems
facilities subaccount) and 2003 c 330 s 1;
(9) RCW 43.211.050 (211 account) and 2003 c 135 s 6;
(10) RCW 28A.300.445 (Washington natural science, wildlife, and
environmental education partnership account) and 2003 c 22 s 2;
(11) RCW 43.63A.760 (Airport impact mitigation account -- Creation--Report) and 2010 1st sp.s. c 7 s 6 & 2003 1st sp.s. c 26 s 928;
(12) RCW 50.12.280 (Displaced workers account--Compensation and
retraining after thermal electric generation facility's cessation of
operation) and 1997 c 368 s 13;
(13) RCW 43.79.485 (Reading achievement account) and 2009 c 4 s 904
& 2006 c 120 s 1;
(14) RCW 82.45.200 (Real estate excise tax grant account) and 2005
c 480 s 3;
(15) RCW 90.88.060 (Hood Canal aquatic rehabilitation account) and
2006 c 366 s 1;
(16) RCW 50.16.015 (Federal interest payment fund -- Establishment)
and 2006 c 13 s 19;
(17) RCW 43.43.565 (Automatic fingerprint information system
account) and 1986 c 196 s 2;
(18) RCW 41.04.395 (Disability accommodation revolving fund--Disbursements) and 2011 1st sp.s. c 43 s 434, 1994 sp.s. c 9 s 801, &
1987 c 9 s 2;
(19) RCW 43.21K.170 (Environmental excellence account) and 1997 c
381 s 32;
(20) RCW 77.65.230 (Surcharge on Dungeness crab-coastal fishery
licenses and Dungeness crab-coastal class B fishery licenses -- Dungeness
crab appeals account) and 2000 c 107 s 44 & 1994 c 260 s 15;
(21) RCW 38.52.106 (Nisqually earthquake account) and 2010 2nd
sp.s. c 1 s 902, 2009 c 564 s 922, 2008 c 329 s 909, 2003 1st sp.s. c
25 s 913, 2002 c 371 s 904, & 2001 c 5 s 2;
(22) RCW 43.176.040 (Small business incubator account) and 2004 c
237 s 4;
(23) RCW 43.340.120 (Tobacco securitization trust account) and 2002
c 365 s 13;
(24) RCW 43.155.100 (Water conservation account) and 2002 c 329 s
11;
(25) RCW 59.22.030 (Mobile home park purchase account) and 1991
sp.s. c 13 s 89 & 1987 c 482 s 4;
(26) RCW 43.72.904 (Health system capacity account) and 1993 c 492
s 471;
(27) RCW 42.16.016 (Cancellation of warrants -- Refund of increased
balance amounts in agency payroll revolving fund) and 1967 ex.s. c 25
s 7;
(28) RCW 42.26.010 (Agency vendor payment revolving fund -- Created--Use) and 1969 ex.s. c 60 s 1;
(29) RCW 28B.109.050 (Washington international exchange trust fund)
and 2011 1st sp.s. c 11 s 199 & 1996 c 253 s 405;
(30) RCW 70.94.630 (Sulfur dioxide abatement account -- Coal-fired
thermal electric generation facilities -- Application -- Determination and
assessment of progress -- Certification of pollution level--Reimbursement -- Time limit for and extension of account) and 1997 c 368
s 10;
(31) RCW 82.32.392 (Certain revenues to be deposited in sulfur
dioxide abatement account) and 1997 c 368 s 9;
(32) RCW 28B.109.060 (Washington international exchange scholarship
endowment fund) and 2011 1st sp.s. c 11 s 200 & 1996 c 253 s 406;
(33) RCW 43.43.866 (Organized crime prosecution revolving fund) and
2009 c 560 s 25 & 1980 c 146 s 16; and
(34) RCW 66.08.235 (Liquor control board construction and
maintenance account) and 2011 1st sp.s. c 50 s 961, 2011 c 5 s 918,
2005 c 151 s 4, 2002 c 371 s 918, & 1997 c 75 s 1.
NEW SECTION. Sec. 27 Any residual balance of funds remaining in
any account eliminated in this act on the effective date of this
section shall be transferred by the state treasurer to the state
general fund.
NEW SECTION. Sec. 28 This act takes effect July 1, 2012.