S-0229.1/91       _______________________________________________


                                 SENATE BILL 5230



State of Washington              52nd Legislature             1991 Regular Session


By Senators Owen, Craswell, Talmadge and Conner.


Read first time January 24, 1991.  Referred to Committee on Governmental Operations.Requiring state building leases to be in compliance with the lowest responsible bidder statutes.

     AN ACT Relating to state building leases; and amending RCW 43.82.010.




     Sec. 1.  RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:

     (1) (a) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate.  This section does not transfer financial liability for the acquired property to the department of general administration.

     (b) The director must ensure that all leases of real property under this subsection comply with RCW 43.19.1911.

     (2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.

     (3) (a) The director is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies.  The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.

     (b) The director must ensure that all leases of real property under this subsection comply with RCW 43.19.1911.

     (4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds:  PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars.  Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.

     (5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.

     (6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his management.

     (7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.

     (8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.

     (9) This section does not apply to the acquisition of real estate by:

     (a) The state college and universities for research or experimental purposes;

     (b) The state liquor control board for liquor stores and warehouses; and

     (c) The department of natural resources, the department of fisheries, the department of wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.

     (10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.