S-3814               _______________________________________________

                                                   SENATE BILL NO. 4900

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Hansen, Deccio, Bottiger, Goltz, Gaspard, Benitz, Bailey and Barr

Read first time 1/23/86 and referred to Committee on Natural Resources.

AN ACT Relating to fire protection and suppression on department of game lands; and amending RCW 77.12.210 and 77.12.230.

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

        Sec. 1.  Section 77.12.210, chapter 36, Laws of 1955 as last amended by section 38, chapter 78, Laws of 1980 and RCW 77.12.210 are each amended to read as follows:

          The commission shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property.  During the season of the year when there is the danger of wildfire, the commission shall furnish or provide adequate protection measures against the spread of fire that meet the standards the department of natural resources sets for the prevention and suppression of forest fires.  The commission may adopt rules for the operation, maintenance, protection, and use of and conduct on the property.

          The commission may sell timber, gravel, sand, and other materials or products from real property held by the department.  The commission may sell or lease the departments' real or personal property or grant concessions or rights of way for roads or utilities in the property.

          If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the commission may dispose of that property if it is in the public interest.

          If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor.  Other real property shall be sold to the highest bidder at public auction.  After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

           Proceeds from the sales shall be deposited in the state treasury to be credited to the state game fund.

        Sec. 2.  Section 77.12.230, chapter 36, Laws of 1955 as amended by section 40, chapter 78, Laws of 1980 and RCW 77.12.230 are each amended to read as follows:

(1) The director may pay lawful local improvement district assessments for projects that may benefit wildlife or wildlife-oriented recreation made against lands held by the state for department purposes.  The payments may be made from money appropriated from the state game fund to the department.

(2) The director shall pay assessments levied under chapters 52.12 and 76.04 RCW for the protection from and suppression of fires on any lands that the department owns or leases for department purposes.  In the event that the department fails to provide for the suppression of fire on lands owned or leased by the department, the actual costs of suppressing a fire on such lands may be recovered from the department by the entities that take the suppression action.  These costs shall include all salaries and expenses of personnel and equipment.