Chapter 43.08 RCW

STATE TREASURER

Sections

43.08.005Definitions.
43.08.010General duties.
43.08.015Cash management duties.
43.08.020ResidenceBondOath.
43.08.030Seal.
43.08.040Administration of oaths.
43.08.050Records and accountsPublic inspection.
43.08.060Duplicate receipts.
43.08.061WarrantsDepartment of enterprise servicesPrintingRetention of redeemed warrants.
43.08.062WarrantsPresentationCancellation.
43.08.064Lost or destroyed warrants, instruments, or other evidence of indebtednessIssuing officer to issue duplicate.
43.08.066Lost or destroyed warrants, instruments, or other evidence of indebtednessConditions on issuance.
43.08.068Lost or destroyed warrants, instruments, or other evidence of indebtednessRecords to be keptCancellation of originalsNotice.
43.08.070WarrantsIndorsementInterestIssuance of new warrants.
43.08.080Call of warrants.
43.08.090Fiscal agent for state.
43.08.100Fiscal agent for stateDuties of fiscal agent.
43.08.110Fiscal agent for stateFiscal agent's receipts.
43.08.120AssistantDeputiesResponsibility for acts.
43.08.130Wilful refusal to pay warrantsExceptionsRecovery.
43.08.135Cash or demand depositsDuty to maintainRCW 9A.56.060(1) not deemed violated, when.
43.08.140EmbezzlementPenalty.
43.08.150Monthly financial report on funds and accounts.
43.08.160Monthly financial reportReport to be printed.
43.08.180Cashing checks, drafts, and state warrantsDiscretionaryConditionsProcedure upon dishonor.
43.08.190State treasurer's service fundCreationPurpose.
43.08.200State treasurer's service fundExpenditure limitation.
43.08.250Money received by treasurer from certain court actionsUse.
43.08.280Statewide custody contract for local governments and institutions of higher education.
43.08.290City-county assistance accountUse and distribution of funds.
43.08.300Public deposit protectionReport.

NOTES:

Acquisition of highway property in advance of programmed construction, treasurer's duties relating to: Chapter 47.12 RCW.
Actions against state on warrant appearing to be redeemed: RCW 4.92.200.
Advances: Chapter 42.26 RCW.
Bonds, notes, and other evidences of indebtedness, treasurer's duties: Chapter 39.42 RCW.
Budget and accounting system, powers and duties: RCW 43.88.160.
Centennial document preservation and modernization account: RCW 36.22.170.
Council for children and families, depository for: RCW 43.121.100.
Document preservation in counties, treasurer's duties: RCW 36.22.170 through 36.22.190.
Drivers' training schools, treasurer's powers and duties relating to: Chapter 46.82 RCW.
Duties: State Constitution Art. 3 § 19.
Election: State Constitution Art. 3 § 1.
Eminent domain by state, warrant to pay damages and costs to court: RCW 8.04.160.
Ex officio treasurer of judges' retirement fund: RCW 2.12.010.
Fair fund, horse racing moneys: RCW 15.76.115.
Fire insurance premium funds, distribution of, duties: RCW 41.16.050.
For-hire motor vehicle certificates and operators' permits, treasurer's powers and duties relating to: Chapter 46.72 RCW.
Forest reserve funds, distribution of: RCW 28A.520.010 and 28A.520.020.
Funds from franchises across bridges jointly owned or operated, treasurer to deposit into proper fund: RCW 47.44.040.
Gambling commission, payments for costs of audit: RCW 9.46.060.
Gambling revolving fund, treasurer as custodian: RCW 9.46.100.
Highway funds generally, treasurer's powers and duties relating to: Chapter 47.08 RCW.
Investment accounting: RCW 43.33A.180.
Investment board member: RCW 43.33A.020.
Judges' retirement fund, duties concerning: RCW 2.12.050 and 2.12.060.
Liquor revolving fund, custody of: RCW 66.08.170.
Misappropriation of funds, penalty: RCW 42.20.090.
Motor vehicle
dealers' licenses, treasurer's powers and duties relating to: Chapter 46.70 RCW.
responsibility act, treasurer's duties under: Chapter 46.29 RCW.
revenue, treasurer's powers and duties relating to: Chapter 46.68 RCW.
transporters' licensing, treasurer's powers and duties relating to: Chapter 46.76 RCW.
Oath of office: RCW 43.01.020, 43.08.020.
Obsolete funds and accountsList provided to the office of financial management and legislative committees: RCW 43.79.018.
Obstructions on highway right-of-way, treasurer's duties relating to: RCW 47.32.060.
Off-road and nonhighway vehicles, treasurer's duties: RCW 46.09.520.
Payments from, judgments against state: RCW 4.92.040.
Public employees' retirement, statement concerning: RCW 41.50.260, 41.50.265.
Public funds
accounting for: RCW 43.88.160.
classification by fund or account: RCW 43.88.160.
disbursement by warrant or check: RCW 43.88.160.
receipt and keeping of: RCW 43.88.160.
revolving funds, custody over: RCW 43.88.190.
Public utility districts, privilege taxes, duties in regard to: RCW 54.28.040.
Puget Sound ferry and toll bridge system, treasurer's powers and duties relating to: Chapter 47.60 RCW.
Purchase of bridges or ferries by department of transportation, treasurer's powers and duties relating to: RCW 47.56.050.
Records and accounts to be kept at seat of government: State Constitution Art. 3 § 24.
Residence must be at seat of government: State Constitution Art. 3 § 24.
Salary, amount of: State Constitution Art. 3 § 19, Art. 28 § 1; RCW 43.03.010.
Snowmobile act, treasurer's duties: Chapter 46.10 RCW.
State canvassing board member: RCW 29A.60.240.
State finance committee
chair: RCW 43.33.040.
member: RCW 43.33.010.
Succession to governorship: State Constitution Art. 3 § 10.
Surplus funds, investment program: Chapter 43.86A RCW.
Term of office: State Constitution Art. 3 § 3; RCW 43.01.010.
Toll bridges, improvement of existing bridge and construction of new bridge as single project, treasurer's powers and duties relating to: Chapter 47.58 RCW.
Vehicle wreckers' licensing, treasurer's powers and duties relating to: Chapter 46.80 RCW.
Vocational rehabilitation funds, custodian of: RCW 74.29.050.
Volunteer firefighters' board of trustees, report, duties: RCW 41.24.070.
Warrants or checks, unlawful to issue except upon forms prescribed by director of financial management: RCW 43.88.160.
Washington State University
bonds and securities, annual report to regents: RCW 28B.30.300.
receiving agent for federal aid to: RCW 28B.30.270.


Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cancel or cancellation" means to void.
(2) "Redeem or redemption" means to clear or pay.



General duties.

The state treasurer shall:
(1) Receive and keep all moneys of the state in the manner provided in RCW 43.88.160, as now or hereafter amended;
(2) Disburse the public moneys only upon warrants or checks drawn upon the treasurer in the manner provided by law;
(3) Account for moneys in the manner provided by law;
(4) Render accounts in the manner provided by law;
(5) Indorse on each warrant when required by law, the date of payment, the amount of the principal, and the interest due on that date;
(6) Report annually to the legislature a detailed statement of the condition of the treasury, and of its operations for the preceding fiscal year;
(7) Give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury, or touching any duty of his or her office;
(8) Account for and pay over all moneys on hand to his or her successor in office, and deliver all books, vouchers, and effects of office to him or her, who shall receipt therefor;
(9) Upon payment of any warrant, or check, take upon the back thereof the indorsement of the person to whom it is paid.

NOTES:

Budget and accounting system, powers and duties: RCW 43.88.160.



Cash management duties.

Within the policies and procedures established pursuant to RCW 43.41.110(13) and 43.88.160(1), the state treasurer shall take such actions as are necessary to ensure the effective cash management of public funds. This cash management shall include the authority to represent the state in all contractual relationships with financial institutions. The state treasurer may delegate cash management responsibilities to the affected agencies.

NOTES:

FindingSeverabilityEffective date1993 c 500: See notes following RCW 43.41.180.



ResidenceBondOath.

The state treasurer shall reside and keep his or her office at the seat of government. Before entering upon his or her duties, he or she shall execute and deliver to the secretary of state a bond to the state in a sum of not less than five hundred thousand dollars, to be approved by the secretary of state and one of the justices of the supreme court, conditioned to pay all moneys at such times as required by law, and for the faithful performance of all duties required of him or her by law. He or she shall take an oath of office, to be indorsed on his or her commission, and file a copy thereof, together with the bond, in the office of the secretary of state.



Seal.

The treasurer shall keep a seal of office for the authentication of all papers, writings, and documents required to be certified by him or her.



Administration of oaths.

The treasurer may administer all oaths required by law in matters pertaining to the duties of his or her office.



Records and accountsPublic inspection.

All the books, papers, letters, and transactions pertaining to the office of treasurer shall be open for the inspection of a committee of the legislature to examine or settle all accounts, and to count all money; and to the inspection of the public generally during office hours; and when the successor of any treasurer is elected and qualified, the state auditor shall examine and settle all the accounts of the treasurer remaining unsettled, and give him or her a certified statement showing the balance of moneys, securities, and effects for which he or she is accountable, which have been delivered to his or her successor, and report the same to the legislature.

NOTES:

Public records, budget and accounting system: RCW 43.88.200.



Duplicate receipts.

All persons required by law to pay any moneys into the state treasury, or to transmit any public funds to the state treasurer on state accounts, shall, at the time of making such payments or transmissions specify the amount and date of such payment, and for what particular fund or account.
For all sums of money so paid the state treasurer shall forthwith give duplicate receipts in accordance with the rules and regulations promulgated by the office of financial management as authorized by RCW 43.88.160(1).



WarrantsDepartment of enterprise servicesPrintingRetention of redeemed warrants.

The department of enterprise services is responsible for the printing of all state treasury warrants for distribution as directed by the state treasurer. All warrants redeemed by the state treasurer shall be retained for a period of one year, following their redemption, after which they may be destroyed without regard to the requirements imposed for their destruction by chapter 40.14 RCW.

NOTES:

Effective datePurpose2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Actions against state on redeemed warrants, time limitation: RCW 4.92.200.



WarrantsPresentationCancellation.

Should the payee or legal holder of any warrant drawn against the state treasury fail to present the warrant for payment within one hundred eighty days of the date of its issue or, if registered and drawing interest, within one hundred eighty days of its call, the state treasurer shall enter the same as canceled on the books of his or her office.
Should the payee or legal owner of such a canceled warrant thereafter present it for payment, the state treasurer may, upon proper showing by affidavit and the delivery of the warrant into his or her possession, issue a new warrant in lieu thereof, and the state treasurer is authorized to pay the new warrant.



Lost or destroyed warrants, instruments, or other evidence of indebtednessIssuing officer to issue duplicate.

In case of the loss or destruction of a state warrant for the payment of money, or any bond or other instrument or evidence of indebtedness, issued by any state officer, or agency, such officer, or such agency through its appropriate officer may issue or cause to be issued a duplicate in lieu thereof, in all respects and for the same amount as the original. The duplicate instrument so issued shall be subject in all other respects to the same provisions of law as the original instrument.
[ 2018 c 35 § 4; 1979 ex.s. c 71 § 3; 1975-'76 2nd ex.s. c 77 § 2; 1965 ex.s. c 61 § 1; 1965 c 8 § 43.08.064. Prior: 1890 p 639 § 15; RRS § 11010; prior: 1888 p 236 § 1. Formerly RCW 43.09.110.]

NOTES:

Lost or destroyed evidence of indebtedness issued by local governments: Chapter 39.72 RCW.



Lost or destroyed warrants, instruments, or other evidence of indebtednessConditions on issuance.

Before a duplicate instrument is issued, the state treasurer or other issuing officer shall require the person making application for its issue to file in his or her office a written affidavit specifically alleging on oath that he or she is the proper owner, payee, or legal representative of such owner or payee of the original instrument, giving the date of issue, the number, amount, and for what services or claim or purpose the original instrument or series of instruments of which it is a part was issued, and that the same has been lost or destroyed, and has not been paid, or has not been received by him or her.



Lost or destroyed warrants, instruments, or other evidence of indebtednessRecords to be keptCancellation of originalsNotice.

The state treasurer or other issuing officer shall keep a full and complete record of all warrants, bonds or other instruments alleged to have been lost or destroyed, which were issued by such agency, and of the issue of any duplicate therefor; and upon the issuance of any duplicate, the officer shall enter upon his or her books the cancellation of the original instrument and immediately notify the state treasurer, the state auditor, and all trustees and paying agents authorized to redeem such instruments on behalf of the state of Washington, of such cancellation.



WarrantsIndorsementInterestIssuance of new warrants.

Upon the presentation of any state warrant to the state treasurer, if there is not sufficient money then available in the appropriate fund with which to redeem all warrants drawn against such fund which the treasurer anticipates will be presented for payment during the current business day, he or she may endorse on the warrant, "Not paid for want of funds," with the day and date of presentation, and the warrant shall draw legal interest from and including that date until five days from and after being called for payment in accordance with RCW 43.08.080, or until paid, whichever occurs first; or, in the alternative, the treasurer may prepare and register a single new warrant, drawn against the appropriate fund, and exchange such new warrant for one or more warrants not paid for want of funds when presented for payment totaling a like amount but not exceeding one million dollars, which new warrant shall then draw legal interest from and including its date of issuance until five days from and after being called for payment in accordance with RCW 43.08.080, or until paid, whichever occurs first. The legal rate or rates of interest on these warrants shall be established by the state treasurer in accordance with RCW 39.56.030.

NOTES:

Severability1971 ex.s. c 88: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 88 § 6.]



Call of warrants.

When the state treasurer deems that there is sufficient money in a fund to pay all or part of the registered warrants of such fund, and the warrants are not presented for payment, he or she may advertise at least once in some newspaper published at the seat of government, stating the serial number of the warrants he or she is calling and prepared to pay; and if such warrants are not presented for payment within five days from and after the date of publication of the notice, the warrants shall not then draw any further interest: PROVIDED, That when said fund has a balance in excess of three percent of the preceding monthly warrant issue of said fund, or at any time that the money in the fund exceeds the warrants outstanding, the state treasurer shall similarly advertise a call for all those registered warrants which can be fully paid out of said fund in accordance with their registration sequence.

NOTES:

Severability1971 ex.s. c 88: See note following RCW 43.08.070.



Fiscal agent for state.

The state treasurer shall be ex officio the fiscal agent of the state.
[ 1965 c 8 § 43.08.090. Prior: 1891 c 138 § 1; RRS § 5484.]

NOTES:

Fiscal agencies: Chapter 43.80 RCW.



Fiscal agent for stateDuties of fiscal agent.

The fiscal agent of the state shall receive all moneys due the state from any other state or from the federal government, take all necessary steps for the collection thereof, and apply the same to the funds to which they belong. He or she shall collect from time to time all moneys that may accrue to the state by virtue of section 13 of the enabling act, or from any other source not otherwise provided for by law.
[ 2009 c 549 § 5041; 1965 c 8 § 43.08.100. Prior: (i) 1891 c 138 § 2; RRS § 5485. (ii) 1891 c 138 § 4; RRS § 5487.]



Fiscal agent for stateFiscal agent's receipts.

The fiscal agent shall issue the necessary receipts for all moneys collected, and such receipts shall show the date when paid, the amount, from whom received, and on what account the money was collected.
One or more copies of such receipt shall be given to the persons from whom the money was received, and one copy shall be given to the director of financial management.



AssistantDeputiesResponsibility for acts.

The state treasurer may appoint an assistant state treasurer, who shall have the power to perform any act or duty which may be performed by the state treasurer, and in case of a vacancy in the office of state treasurer, perform the duties of the office until the vacancy is filled as provided by law.
The state treasurer may appoint no more than three deputy state treasurers, who shall have the power to perform any act or duty which may be performed by the state treasurer.
The assistant state treasurer and the deputy state treasurers shall be exempt from the provisions of chapter 41.06 RCW and shall hold office at the pleasure of the state treasurer; they shall, before entering upon the duties of their office, take and subscribe, and file with the secretary of state, the oath of office provided by law for other state officers.
The state treasurer shall be responsible on his or her official bond for all official acts of the assistant state treasurer and the deputy state treasurers.



Wilful refusal to pay warrantsExceptionsRecovery.

If the state treasurer wilfully refuses to pay except in accordance with the provisions of RCW 43.08.070 or by cash or check any warrant designated as payable in the state treasurer's office which is lawfully drawn upon the state treasury, or knowingly pays any warrant otherwise than as provided by law, then any person injured thereby may recover by action against the treasurer and the sureties on his or her official bond.



Cash or demand depositsDuty to maintainRCW 9A.56.060(1) not deemed violated, when.

The state treasurer shall maintain at all times cash, or demand deposits in qualified public depositaries in an amount needed to meet the operational needs of state government: PROVIDED, That the state treasurer shall not be considered in violation of RCW 9A.56.060(1) if he or she maintains demand accounts in public depositaries in an amount less than all treasury warrants issued and outstanding.



EmbezzlementPenalty.

If any person holding the office of state treasurer fails to account for and pay over all moneys in his or her hands in accordance with law, or unlawfully converts to his or her own use in any way whatever, or uses by way of investment in any kind of property, or loans without authority of law, any portion of the public money intrusted to him or her for safekeeping, transfer, or disbursement, or unlawfully converts to his or her own use any money that comes into his or her hands by virtue of his or her office, the person is guilty of a class B felony, and upon conviction thereof, shall be imprisoned in a state correctional facility not exceeding fourteen years, and fined a sum equal to the amount embezzled.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Misappropriation of funds: RCW 42.20.070, 42.20.090.



Monthly financial report on funds and accounts.

As soon as possible after the close of each calendar month, the state treasurer shall prepare a report as to the state of the general fund and every other fund under his or her control itemized as to:
(1) The amount in the fund at the close of business at the end of the preceding month;
(2) The amount of revenue deposited or transferred to the credit of each fund during the current month;
(3) The amount of withdrawals or transfers from each fund during the current month; and
(4) The amount on hand in each fund at the close of business at the end of the current month.
One copy of each report shall be provided promptly to those requesting them so long as the supply lasts. The report shall be posted on the official web site of the state treasurer. The report shall also include a graphical display of month end balances, for both the current and previous fiscal year, for the general fund, total funds in the treasury, total funds in the treasurer's trust fund, and total funds managed by the state treasurer.

NOTES:

Intent2010 c 222: "The legislature recognizes the significant financial benefits realized by the state through consolidated cash management activities. It is the intent of this act to encourage and, when financially advantageous, to expand those activities." [ 2010 c 222 § 1.]
Biennial reports, periods: RCW 43.01.035.
Investment of surplus funds, rules and allocations to be published in report: RCW 43.86A.050.
Reports, budget and accounting system: RCW 43.88.160.



Monthly financial reportReport to be printed.

The state treasurer shall cause all such reports to be printed as other public documents are printed and the approval of no other officer of the state shall be necessary in carrying out the purposes of RCW 43.08.150.
[ 1965 c 8 § 43.08.160. Prior: 1947 c 32 § 2; Rem. Supp. 1947 § 11019-2.]



Cashing checks, drafts, and state warrantsDiscretionaryConditionsProcedure upon dishonor.

The state treasurer is hereby authorized, in the treasurer's discretion and as a service to state officers and employees, and to those known by the treasurer or the treasurer's staff, to accept in exchange for cash the checks, drafts, or Washington state warrants drawn or endorsed by these authorized persons and presented to the treasurer's office as meet each of the following conditions:
(1) The check or draft must be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution; and
(2) The person presenting the check, draft, or Washington state warrant to the treasurer must produce such identification as the treasurer may require.
In the event that any check or draft cashed for a state officer or employee by the state treasurer under this section is dishonored by the drawee financial institution when presented for payment, the treasurer is authorized, after notice to the drawer or endorser of the dishonor, to withhold from the drawer's or endorser's next state salary warrant the full amount of the dishonored check or draft.



State treasurer's service fundCreationPurpose.

There is hereby created a fund within the state treasury to be known as the "state treasurer's service fund." Such fund shall be used solely for the payment of costs and expenses incurred in the operation and administration of the state treasurer's office.
Moneys shall be allocated monthly and placed in the state treasurer's service fund equivalent to a maximum of one percent of the trust and treasury average daily cash balances from the earnings generated under the authority of RCW 43.79A.040 and 43.84.080 other than earnings generated from investment of balances in funds and accounts specified in RCW 43.79A.040(4)(c). The allocation shall precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall establish a uniform allocation rate for all funds and accounts; except that the state treasurer may negotiate a different allocation rate with any state agency that has independent authority over funds not statutorily required to be held in the state treasury or in the custody of the state treasurer. In no event shall the rate be less than the actual costs incurred by the state treasurer's office. If no rate is separately negotiated, the default rate for any funds held shall be the rate set for funds held pursuant to statute.
During the 2013-2015 and 2015-2017 fiscal biennia, the legislature may transfer from the state treasurer's service fund to the state general fund such amounts as reflect the excess fund balance of the fund. During the 2017-2019 and 2019-2021 fiscal biennia, the legislature may direct the state treasurer to make transfers of money in the state treasurer's service fund to the state general fund. It is the intent of the legislature that this policy will be continued in subsequent biennia.

NOTES:

Effective date2019 c 415: See note following RCW 28B.20.476.
Effective date2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective dates2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates2011 1st sp.s. c 50: See note following RCW 15.76.115.
Intent2010 c 222: See note following RCW 43.08.150.
Effective date2009 c 564: See note following RCW 2.68.020.
SeverabilityEffective date2008 c 329: See notes following RCW 28B.105.110.
Effective date2005 c 518: See note following RCW 28A.600.110.
SeverabilityEffective date2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective datesSeverability1991 sp.s. c 13: See notes following RCW 18.08.240.
Severability1985 c 405: See note following RCW 9.46.100.



State treasurer's service fundExpenditure limitation.

All moneys deposited in the state treasurer's service fund shall be expended only pursuant to legislative appropriation and for the purposes set forth in RCW 43.08.190, 43.08.200, and * 43.85.241.

NOTES:

*Reviser's note: RCW 43.85.241 was repealed by 1985 c 57 § 90, effective July 1, 1985.



Money received by treasurer from certain court actionsUse.

(1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the state general fund.
(2) The money received by the state treasurer from the increase in fees imposed by sections 9, 10, 12, 13, 14, 17, and 19, chapter 457, Laws of 2005 shall be deposited in the state general fund. It is the intent of the legislature that fifty percent of such money be appropriated to the administrator for the courts for the purposes of contributing to district court judges' salaries and to eligible elected municipal court judges' salaries. It is further the intent of the legislature that the balance of such moneys be used to fund criminal indigent defense assistance and enhancement at the trial court level, representation of parents in dependency and termination proceedings, and civil legal representation of indigent persons.

NOTES:

Effective date2009 c 479: See note following RCW 2.56.030.
SeverabilityEffective date2008 c 329: See notes following RCW 28B.105.110.
SeverabilityEffective date2007 c 522: See notes following RCW 15.64.050.
Effective date2005 c 518: See note following RCW 28A.600.110.
Intent2005 c 457: "The legislature recognizes the state's obligation to provide adequate representation to criminal indigent defendants and to parents in dependency and termination cases. The legislature also recognizes that trial courts are critical to maintaining the rule of law in a free society and that they are essential to the protection of the rights and enforcement of obligations for all. Therefore, the legislature intends to create a dedicated revenue source for the purposes of meeting the state's commitment to improving trial courts in the state, providing adequate representation to criminal indigent defendants, providing for civil legal services for indigent persons, and ensuring equal justice for all citizens of the state." [ 2005 c 457 § 1.]
FindingsEffective date2005 c 105: See RCW 2.53.005 and 2.53.900.
SeverabilityEffective date2003 1st sp.s. c 25: See notes following RCW 19.28.351.
SeverabilityEffective date2001 2nd sp.s. c 7: See notes following RCW 43.320.110.
SeverabilityEffective date2000 2nd sp.s. c 1: See notes following RCW 41.05.143.
SeverabilityEffective date1999 c 309: See notes following RCW 41.06.152.
Severability1997 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 149 § 917.]
Effective date1997 c 149: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [ 1997 c 149 § 918.]
Severability1996 c 283: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1996 c 283 § 904.]
Effective date1996 c 283: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 30, 1996]." [ 1996 c 283 § 905.]
SeverabilityEffective date1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
SeverabilityEffective dates1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective date1992 c 54: See note following RCW 36.18.020.
SeverabilityEffective date1991 sp.s. c 16: See notes following RCW 9.46.100.
Effective datesSeverability1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date1985 c 57: See note following RCW 18.04.105.
Court Improvement Act of 1984Effective datesSeverabilityShort title1984 c 258: See notes following RCW 3.30.010.
Intent1984 c 258: See note following RCW 3.34.130.
Public safety and education assessment: RCW 3.62.090.



Statewide custody contract for local governments and institutions of higher education.

(1) The state treasurer is authorized to negotiate a statewide custody contract for custody services for local governments and institutions of higher education. The term of the contract shall be for a minimum of four years.
(2) The state treasurer shall, as soon as is practical after negotiations have been successfully completed, notify local governments and institutions of higher education that a statewide custody contract has been negotiated.
(3) Following such notification, each local government or institution of higher education may, at its option, become a signatory to the statewide contract. Each local government or institution of higher education may only become a signatory to the contract by having its authorized local government official or financial officer and the statewide custodian execute the statewide contract. The contract is between the statewide custodian and the respective local government or institution of higher education. It is the responsibility of the local government official or financial officer to fully understand the terms and conditions of the statewide custody contract prior to its execution, and to ensure those terms and conditions are observed by the statewide custodian during the term of the contract.
(4) The state treasurer may adopt rules to implement this section, including, but not limited to, those rules deemed necessary to provide for an orderly transition in the event of a different statewide custodian in a new statewide custody contract.
(5) Any statewide custodian who becomes a signatory to the statewide custody contract may be exempted from the requirements of chapter 39.58 RCW for the purposes of this section, based on rules adopted by the public deposit protection commission.
(6) For the purposes of this section:
(a) "Financial institution" means a bank or trust company chartered and supervised under state or federal law;
(b) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation created by such an entity, which legally possesses and exercises investment authority;
(c) "Statewide custody contract" means a contract negotiated between the state treasurer and a financial institution that establishes terms and fees for custody services which are optional to any local government for the term of the contract;
(d) "Statewide custodian" means the financial institution with whom the state treasurer has negotiated a statewide custody contract;
(e) "Custody services" means services performed by a financial institution such as the settlement, safekeeping, valuation, and market-value reporting of negotiable instruments owned by the local government;
(f) "Local government official" means any officer or employee of a local government who has been designated by statute or local charter, ordinance, or resolution as the officer having the authority to invest the funds of the local government. However, the county treasurer is the only local government official for all political subdivisions for which the county treasurer has statutory or contractual authority to invest the funds thereof;
(g) "Financial officer" means the board-appointed treasurer of a college, university, community or technical college district, or the state board for community and technical colleges.

NOTES:

Purpose1999 c 293: "Local governments enter into separate, individual contracts with banks for custody services. The rate and terms which each local government obtains from a given bank sometimes varies widely depending upon the size of the local government's portfolio, and thus fails to provide all of the state's taxpayers with the most advantageous rates and terms for such custody services. The purpose of this act is to enable local governments and institutions of higher education, through a statewide custody contract, to collectively obtain the most advantageous rate and terms from a single financial institution for custodial banking services. Under such a statewide custody contract, smaller local governments may receive a higher level of service, while paying lower fees than they might have individually obtained." [ 1999 c 293 § 1.]
Effective date1999 c 293: "This act takes effect September 1, 1999." [ 1999 c 293 § 4.]



City-county assistance accountUse and distribution of funds.

(1) The city-county assistance account is created in the state treasury. All receipts from real estate excise tax disbursements provided under RCW 82.45.060 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes provided in this section.
(2) Funds deposited in the city-county assistance account must be distributed equally to the cities and counties.
(3)(a) Funds distributed to counties must, to the extent possible, increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by each county to the greater of two hundred fifty thousand dollars or:
(i) For a county with an unincorporated population of one hundred thousand or less, seventy percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009; and
(ii) For a county with an unincorporated population of more than one hundred thousand, sixty-five percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009.
(b) For each county with an unincorporated population of fifteen thousand or less, the county must receive the greater of the amount in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
(c) For each county with an unincorporated population of more than fifteen thousand and less than twenty-two thousand, the county must receive in calendar year 2006 and 2007 the greater of the amount provided in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
(d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all counties as otherwise determined under this subsection must be ratably reduced.
(e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds must be divided ratably based upon unincorporated population among those counties receiving funds under this subsection and imposing the tax authorized under RCW 82.14.030(2) at the maximum rate.
(4)(a) For each city with a population of five thousand or less with a per capita assessed property value less than twice the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city must receive the greater of the following three amounts:
(i) An amount necessary to increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by a city up to fifty-five percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009.
(ii) The amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
(iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
(b) For each city with a population of more than five thousand with a per capita assessed property value less than the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city must receive the greater of the following two amounts:
(i) An amount necessary to increase the sum of revenues under RCW 82.14.030(1) and streamlined sales tax mitigation funds received by a city up to fifty percent of the statewide weighted average per capita level of sales and use tax revenues received under RCW 82.14.030(1) with respect to taxable activity in all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year, for certifications before October 1, 2009, or the previous fiscal year, for certifications on and after October 1, 2009.
(ii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
(c) No city may receive an amount greater than one hundred thousand dollars a year under (a) or (b) of this subsection.
(d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all cities as otherwise determined under this subsection must be ratably reduced.
(e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds must be divided ratably based upon population among those cities receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate.
(f) This subsection only applies to cities incorporated before August 1, 2005.
(5) The two hundred fifty thousand dollar amount in subsection (3) of this section and the one hundred thousand dollar amount in subsection (4) of this section must be increased each year beginning in calendar year 2006 by inflation as defined in RCW 84.55.005, as determined by the department of revenue.
(6)(a) Distributions under subsections (3) and (4) of this section must be made quarterly beginning on October 1, 2005, based on population as last determined by the office of financial management. The department of revenue must certify the amounts to be distributed under this section by the state treasurer. The certification must be made by October 1, 2005, for the October 1, 2005, distribution and the January 1, 2006, distribution, based on calendar year 2004 department of revenue distributions of sales and use taxes authorized under RCW 82.14.030(1). The certification must be made by March 1, 2006, for distributions beginning April 1, 2006, by March 1, 2007, for distributions beginning April 1, 2007, and by March 1, 2008, for distributions beginning April 1, 2008. The March 1st certification must be used for distributions occurring on April 1st, July 1st, and October 1st of the year of certification and on January 1st of the year following certification.
(b) By March 1, 2009, the department of revenue must certify the amounts to be distributed under this section on April 1, 2009, July 1, 2009, and October 1, 2009. The certification must be based on calendar year 2008 department of revenue distributions of sales and use taxes authorized under RCW 82.14.030(1), and the population as last determined by the office of financial management.
(c) By October 1, 2009, the department of revenue must certify the amounts to be distributed under this section on January 1, 2010, April 1, 2010, July 1, 2010, and October 1, 2010. The certification must be based on department of revenue distributions in fiscal year 2009 of sales and use taxes authorized under RCW 82.14.030(1), streamlined sales tax mitigation data for mitigation distributions authorized under *RCW 82.14.495 made December 2008 through September 2009, and population as last determined by the office of financial management.
(d) By September 1, 2010, and September 1st of every year thereafter, the department of revenue must make available a preliminary certification of the amounts to be distributed under this section on January 1st, April 1st, July 1st, and October 1st of the year immediately following certification. By October 1, 2010, and October 1st of every year thereafter, the department must finalize the certification. Once finalized, no changes may be made to the certification for any reason. Certifications must be based on distributions of sales and use taxes imposed under RCW 82.14.030(1) made by the department of revenue in the fiscal year that ended during the calendar year of certification, streamlined sales tax mitigation data for mitigation distributions authorized under *RCW 82.14.495 made in the fiscal year that ended during the calendar year of certification, and population as last determined by the office of financial management.
(7) All distributions to local governments from the city-county assistance account constitute increases in state distributions of revenue to political subdivisions for purposes of state reimbursement for the costs of new programs and increases in service levels under RCW 43.135.060, including any claims or litigation pending against the state on or after January 1, 2005.
(8) As used in this section, "streamlined sales tax mitigation funds" means an amount determined by the department of revenue equal to the actual mitigation distribution amount under *RCW 82.14.495 received by a jurisdiction in four consecutive calendar quarters, less the mitigation distribution amount that would have been received by the jurisdiction during the same four calendar quarters had mitigation been calculated without the local sales tax authorized under RCW 82.14.030(1). If the difference is a negative amount or if a jurisdiction does not receive any mitigation distribution during the applicable four calendar quarters, then "streamlined sales tax mitigation funds" is zero.

NOTES:

*Reviser's note: RCW 82.14.495 was repealed by 2017 3rd sp.s. c 28 § 404, effective October 1, 2019.
Application2009 c 127: "This act applies both prospectively and retroactively to March 1, 2009." [ 2009 c 127 § 2.]
Effective date2005 c 450: See note following RCW 82.45.060.



Public deposit protectionReport.

By December 1, 2009, and each December 1st thereafter, the office of the state treasurer shall report to the legislature actions taken by the public deposit protection commission and the state treasurer regarding public deposit protection.

NOTES:

Effective date2009 c 9: See note following RCW 39.58.010.