_______________________________________________
ENGROSSED
SUBSTITUTE SENATE BILL 6149
_______________________________________________
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/24/2000.
Allowing
the disposition of state forest lands without public auction.
AN
ACT Relating to the sale of specific lands for the purposes of resolving
trespass on state forest lands; amending RCW 76.12.080, 76.12.120, and
43.30.115; and adding a new section to chapter 76.12 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
76.12.080 and 1988 c 128 s 28 are each amended to read as follows:
The
department shall take such steps as it deems advisable for locating and
acquiring lands suitable for state forests and reforestation. Acquisitions
made pursuant to this section shall be at no more than fair market value.
No ((sum in excess of two dollars per acre shall ever be paid or allowed
either in cash, bonds or otherwise, for any lands suitable for forest growth,
but devoid of such; nor shall any sum in excess of six dollars per acre be paid
or allowed either in cash, bonds or otherwise, for any lands adequately
restocked with young growth or left in a satisfactory natural condition for
natural reforestation and continuous forest production; nor shall any))
lands shall ever be acquired by the department except upon the approval
of the title by the attorney general and on a conveyance being made to the
state of Washington by good and sufficient deed. No forest lands shall be
designated, purchased, or acquired by the department unless the area so
designated or the area to be acquired shall, in the judgment of the department,
be of sufficient acreage and so located that it can be economically
administered for forest development purposes. ((Whenever the department
acquires or designates an area as forest lands it shall designate such area by
a distinctive name or number, e.g., "State forest No.
. . . .", or, "Cascade State Forest")).
Sec.
2. RCW
76.12.120 and 1998 c 71 s 2 are each amended to read as follows:
Except
as provided in section 3 of this act, all land, acquired or designated by
the department as state forest land, shall be forever reserved from sale, but
the timber and other products thereon may be sold or the land may be leased in
the same manner and for the same purposes as is authorized for state granted
land if the department finds such sale or lease to be in the best interests of
the state and approves the terms and conditions thereof.
Except
as provided in RCW 79.12.035, all money derived from the sale of timber or
other products, or from lease, or from any other source from the land, except
where the Constitution of this state or RCW 76.12.030 requires other
disposition, shall be disposed of as follows:
(1)
Fifty percent shall be placed in the forest development account.
(2)
Fifty percent shall be prorated and distributed to the state general fund, to
be dedicated for the benefit of the public schools, and the county in which the
land is located according to the relative proportions of tax levies of all
taxing districts in the county. The portion to be distributed to the state
general fund shall be based on the regular school levy rate under RCW 84.52.065
as now or hereafter amended and the levy rate for any maintenance and operation
special school levies. With regard to the portion to be distributed to the
counties, the department shall certify to the state treasurer the amounts to be
distributed within seven working days of receipt of the money. The state
treasurer shall distribute funds to the counties four times per month, with no
more than ten days between each payment date. The money distributed to the
county shall be paid, distributed, and prorated to the various other funds in
the same manner as general taxes are paid and distributed during the year of
payment.
NEW
SECTION. Sec. 3. A
new section is added to chapter 76.12 RCW to read as follows:
(1)
With the approval of the board of natural resources, the department may
directly transfer or dispose of lands acquired under this chapter without
public auction, if such lands consist of ten contiguous acres or less, or have
a value of twenty-five thousand dollars or less. Such disposal may only occur
in the following circumstances:
(a)
Transfers in lieu of condemnation; and
(b)
Transfers to resolve trespass and property ownership disputes.
(2)
Real property to be transferred or disposed of under this section shall be
transferred or disposed of only after appraisal and for at least fair market
value, and only if such transaction is in the best interest of the state or
affected trust.
(3)
The proceeds from real property transferred or disposed of under this section
shall be deposited into the park land trust revolving fund and be solely used
to buy replacement land within the same county as the property transferred or
disposed.
Sec.
4. RCW
43.30.115 and 1995 c 211 s 5 are each amended to read as follows:
The
park land trust revolving fund is to be utilized by the department of natural
resources for the exclusive purpose of acquiring real property, including all
reasonable costs associated with these acquisitions, as a replacement for the
property transferred to the state parks and recreation commission ((or)),
as directed by the legislature in order to maintain the land base of the
affected trusts or under section 3 of this act. Proceeds from transfers
of real property to the state parks and recreation commission or other proceeds
identified from transfers of real property as directed by the legislature shall
be deposited in this fund. Disbursement from the park land trust revolving
fund to acquire replacement property shall be on the authorization of the
department of natural resources. In order to maintain an effective expenditure
and revenue control, the park land trust revolving fund is subject in all
respects to chapter 43.88 RCW, but no appropriation is required to permit
expenditures and payment of obligations from the fund.
