BP BHEAD INT S

AN ACT Relating to the acquisition and disposition of real property by the Washington state patrol and the department of licensing; adding new sections to chapter 43.43 RCW; and adding new sections to chapter 46.01 RCW.

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

NEW SECTION. Sec. 1. (1) Whenever it is necessary to secure any real property for the purposes of locating state patrol facilities, the state patrol is authorized to acquire real property on behalf of the state by cash, real estate contract, lease, gift, or exchange in full or part consideration for land or improvements at fair market value.

(2) If real property and improvements purchased with moneys from the state patrol highway account of the motor vehicle fund are shared by the state patrol for activities unrelated to transportation purposes or with agencies unrelated to transportation purposes, the state patrol shall be compensated at fair market value for such usage.

NEW SECTION. Sec. 2. (1) Whenever the Washington state patrol determines that any real property owned by the state of Washington and under its jurisdiction is no longer required for state patrol use, and that it is in the public interest to do so, the state patrol may, in its discretion, sell the property or exchange it in full or part consideration for land or improvements or for construction of improvements at fair market value to any of the following governmental entities or persons:

(a) Any other state agency;

(b) The city or county in which the property is situated;

(d) To any person through the solicitation of written bids through public advertising once a week for two consecutive weeks, and preceding the day set for receiving and opening the bids, in not less than two newspapers of general circulation in the state. The advertisement shall state the time, place, and date for receiving and opening the bids, give the legal description of the property to be sold, and contain such special provisions or specifications as the state patrol deems necessary.

(2) Sales to purchasers may at the state patrol's option be for cash, by real estate contract, or exchange in full or part consideration for land or improvements at fair market value. Transactions involving the construction of improvements must be conducted under Title 39 RCW and must comply with all other applicable laws and rules.

(3) Conveyances made under this section shall be by deed executed by the chief of the Washington state patrol and shall be duly acknowledged.

(4)(a) Whenever the state patrol decides to sell real property under its jurisdiction at public auction, the state patrol shall first give notice as required under subsection (1) of this section.

(b) The state patrol shall sell the property at the public auction, in accordance with the terms set forth in the notice, to the highest and best bidder providing the bid is equal to or higher than the appraised fair market value of the property.

(c) If no bids are received at the auction or if all bids are rejected, the state patrol may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property may be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property under this subsection shall be in writing and may be rejected at any time prior to written acceptance by the state patrol.

(5) Before the state patrol approves any offer for the purchase of real property having an appraised value of more than ten thousand dollars, the state patrol shall first publish a notice of the proposed sale in a local newspaper of general circulation in the area where the property is located. The notice shall include a description of the property, the selling price, the terms of the sale, including the price and interest rate if sold by real estate contract, and the name and address of the state patrol employee or the real estate broker handling the transaction. The notice shall further state that any person may, within ten days after the publication of the notice, deliver to the designated state employee or real estate broker a written offer to purchase the property for not less than ten percent more than the negotiated sale price, subject to the same terms and conditions. A subsequent offer shall not be considered unless it is accompanied by a deposit of twenty percent of the offer in the form of cash, money order, cashiers check, or certified check payable to the Washington state treasurer, to be forfeited to the state, for deposit in the state patrol highway account of the motor vehicle fund, if the offer is accepted and the offeror fails to complete the sale. If a subsequent offer is received, the first offeror shall be informed by registered or certified mail sent to the address stated in the offer. The first offeror shall then have ten days, from the date the notice of the increased offer is mailed, in which to file with the designated state employee or real estate broker a higher offer than that of the subsequent offeror. After the expiration of the ten-day period, the state patrol shall approve in writing the highest and best offer which the state patrol then has on file.

(6) All moneys received under this section, less any real estate broker's commissions paid under section 4 of this act, shall be deposited in the state patrol highway account of the motor vehicle fund.

NEW SECTION. Sec. 3. When full payment for real property under section 2 of this act is received, the chief of the Washington state patrol shall execute and deliver a duly acknowledged deed to the grantee.

NEW SECTION. Sec. 4. The state patrol may list any available properties with any licensed real estate broker at a commission rate otherwise charged in the geographic area for such services.

NEW SECTION. Sec. 5. (1) Whenever it is necessary to secure any real property for the purposes of locating department of licensing facilities, the department is authorized to acquire real property on behalf of the state by cash, real estate contract, lease, gift, or exchange in full or part consideration for land or improvements at fair market value.

(2) If real property and improvements purchased with moneys from the highway safety fund under RCW 46.68.060 are shared by the department for activities which are unrelated to transportation purposes or with agencies unrelated to transportation, the department shall be compensated at fair market value for such usage.

NEW SECTION. Sec. 6. Whenever the department of licensing determines that any real property owned by the state of Washington and under its jurisdiction is no longer required for department use, and that it is in the public interest to do so, the department may, in its discretion, sell the property or exchange it in full or part consideration for land or improvements or for construction of improvements at fair market value to any of the following governmental entities or persons:

(a) Any other state agency;

(b) The city or county in which the property is situated;

(d) To any person through the solicitation of written bids through public advertising once a week for two consecutive weeks, and preceding the day set for receiving and opening the bids, in not less than two newspapers of general circulation in the state. The advertisement shall state the time, place, and date for receiving and opening the bids, give a legal description of the property to be sold, and contain such special provisions or specifications as the department deems necessary.

(2) Sales to purchasers may at the department's option be for cash, by real estate contract, or exchange in full or part consideration for land or improvements. Transactions involving the construction of improvements must be conducted under Title 39 RCW and must comply with all other applicable laws and rules.

(3) Conveyances made under this section shall be by deed executed by the director of the department of licensing and shall be duly acknowledged.

(4)(a) Whenever the department decides to sell real property under its jurisdiction at public auction, the department shall first give notice as required under subsection (1) of this section.

(b) The department shall sell the property at the public auction, in accordance with the terms set forth in the notice, to the highest and best bidder providing the bid is equal to or higher than the appraised fair market value of the property.

(c) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property may be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property under this subsection shall be in writing and may be rejected at any time prior to written acceptance by the department.

(5) Before the department approves any offer for the purchase of real property having an appraised value of more than ten thousand dollars, the department shall first publish a notice of the proposed sale in a newspaper of general circulation in the area where the property is located. The notice shall include a description of the property, the selling price, the terms of the sale, including the price and interest rate if sold by real estate contract, and the name and address of the state patrol employee or the real estate broker handling the transaction. The notice shall further state that any person may, within ten days after the publication of the notice, deliver to the designated state employee or real estate broker a written offer to purchase the property for not less than ten percent more than the negotiated sale price, subject to the same terms and conditions. A subsequent offer shall not be considered unless it is accompanied by a deposit of twenty percent of the offer in the form of cash, money order, cashiers check, or certified check payable to the Washington state treasurer, to be forfeited to the state, for deposit in the highway safety fund if the offer is accepted and the offeror fails to complete the sale. If a subsequent offer is received, the first offeror shall be informed by registered or certified mail sent to the address stated in the offer. The first offeror shall then have ten days, from the date the notice of the increased offer is mailed, in which to file with the designated state employee or real estate broker a higher offer than that of the subsequent offeror. After the expiration of the ten-day period, the department shall approve in writing the highest and best offer which the department then has on file.

(6) All moneys received under this section, less any real estate broker's commissions paid under section 8 of this act, shall be deposited in the highway safety fund.

NEW SECTION. Sec. 7. When full payment for real property under section 6 of this act has been received, the director of the department of licensing shall execute and deliver a duly acknowledged deed to the grantee.

NEW SECTION. Sec. 8. The department of licensing may list any available properties with any licensed real estate broker at a commission rate otherwise charged in the geographic area for such services.

NEW SECTION. Sec. 9. Sections 1 through 4 of this act are each added to chapter 43.43 RCW.

NEW SECTION. Sec. 10. Sections 5 through 8 of this act are each added to chapter 46.01 RCW.