Washington Code 71A.20.170 – Developmental disabilities community services account — Creation — Required deposits — Permitted withdrawals — Investment of funds
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(1) The developmental disabilities community services account is created in the state treasury.
Terms Used In Washington Code 71A.20.170
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of social and health services. See Washington Code 71A.10.020
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Residential habilitation center: means a state-operated facility for persons with developmental disabilities governed by chapter 71A. See Washington Code 71A.10.020
- services: means services provided by state or local government to carry out this title. See Washington Code 71A.10.020
(2) The following revenues must be deposited in the account:
(a) All net proceeds from leases or sales of real property, conservation easements, and sales of timber, from the state properties at the Fircrest residential habilitation center, the Lakeland Village residential habilitation center, the Rainier school, and the Yakima Valley school. However, real property that is determined by the department of social and health services to be required for the operations of the residential habilitation centers is excluded from the real property that may be leased or sold for the benefit of the account. In addition, real property owned by the charitable, educational, penal, and reformatory institutions trust, and revenue therefrom, is excluded; and
(b) Any other moneys appropriated or transferred to the account by the legislature.
(3) Any sale, lease, or easement under this section must be at fair market value.
(4) Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively for:
(a) Supports and services in a community setting to benefit eligible persons with intellectual and developmental disabilities; or
(b) Investment expenses of the state investment board.
(5) The department of social and health services must solicit recommendations from the Washington state developmental disabilities council regarding expenditure of moneys from the Dan Thompson memorial developmental disabilities community services account for supports and services in a community setting to benefit eligible persons with developmental disabilities.
(6) Expenditures from the account must supplement, and may not replace, supplant, or reduce current state expenditure levels for supports and services in the community setting for eligible persons with developmental disabilities.
(7)(a) The state investment board must invest moneys in the account. The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the account. All investment and operating costs associated with the investment of money shall be paid under RCW 43.33A.160 and 43.84.160.
(b) All investments made by the state investment board shall be made with the degree of judgment and care required under RCW 43.33A.140 and the investment policy established by the state investment board.
(c) The state investment board shall routinely consult and communicate with the department of social and health services and the legislature on the investment policy, earnings of the account, and related needs of the account.
(8) The account shall be known as the Dan Thompson memorial developmental disabilities community services account.
NOTES:
Findings—Intent—Conflict with federal requirements—2011 1st sp.s. c 30: See notes following RCW 71A.20.010.
Effective dates—2005 c 353: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005], except for section 3 of this act which takes effect July 1, 2005, and section 4 of this act which takes effect July 1, 2006.” [ 2005 c 353 § 7.]