SENATE BILL REPORT
E2SSB 5516
BYSenate Committee on Health & Long Term Care (originally sponsored by Senators Wojahn, Warnke, Johnson, Niemi, Bauer, Rasmussen and West)
Regarding the disabilities land trust.
Senate Committee on Health & Long-Term Care
Senate Hearing Date(s):February 9, 1989; February 23, 1989; January 9, 1990; January 10, 1990
Majority Report: That Second Substitute Senate Bill No. 5516 be substituted therefor, and the second substitute bill do pass.
Signed by Senators West, Chairman; Smith, Vice Chairman; Johnson, Kreidler, Niemi, Wojahn.
Senate Staff:Don Sloma (786-7414)
March 3, 1990
House Committe on Capital Facilities & Financing
AS PASSED SENATE, JANUARY 29, 1990
BACKGROUND:
In 1874, a 374 acre parcel at Fort Steilacoom was donated to the Territory of Washington "for the use and purpose of an asylum for the insane of said territory and for no other purpose." This land became the site of the territory's first mental institution -- Western State Hospital.
Since that time, the state has purchased or has been given thousands of acres of additional land for purposes related to the care of the mentally ill, the developmentally disabled and others. The largest asset is 200,000 acres given to the state by the federal government at the time of statehood. It is known as the Charitable, Educational, Penal and Reformatory Institution Trust. Only 73,000 acres remain in the trust which is administered by the Department of Natural Resources. These timber and farm lands presently generate some $2 million to $4 million per year which is used to finance various capital expenditures in the Department of Social and Health Services (DSHS), Department of Corrections, community colleges and other agencies. Other land is managed by DSHS, the Department of General Administration or the Department of Natural Resources. DSHS alone owns 3,778 acres. On some of the land, state hospitals, habilitation centers for the developmentally disabled and other DSHS facilities operate. Hundreds of acres are unused, or are leased at nominal rents for parks, golf courses and other public purposes.
During its interim study on residential care for the mentally ill, the Committee on Health Care and Corrections learned that approximately 304 acres of the original land donation to the Territory of Washington for Western State Hospital was about to be given to Pierce County for use as a park. The land has been leased to the county for that purpose for some time.
SUMMARY:
The Department of Social and Health Services and other state agencies operating institutions for the disabled must review land and facilities which they use to identify no less than 1500 acres of land that is surplus to their needs by July 1, 1990.
By September 30, 1990, the Legislative Budget Committee must designate not less than 1500 acres of land from these reviews which must be placed in a separate account within the charitable, educational, penal and reformatory institutions trust, to be known as the disabilities land trust.
The Department of Natural Resources (DNR) must manage the disabilities land trust to maximize income while preserving the asset base, or to provide housing for persons who are mentally ill, developmentally disabled, or youth who are blind or deaf or otherwise disabled, if it is determined that the land can be used for this purpose. DNR must develop a management plan for the disabilities trust lands after consultation with DSHS. The plan must be compatible with the needs of adjacent institutions and must include a review of the income producing potential of the trust lands and a process for converting the trust lands to maximize income potential. DNR must retain the actual cost of managing the trust from the income it produces.
Income from the disabilities land trust must be deposited into a separate account within the Washington housing trust fund called the disabilities land trust income account and must be administered according to Chapter 43.185 RCW consistent with the recommendations of the disabilities land trust board.
No less than one half of the income from the charitable, educational, penal and reformatory institutions land trust not including income from the disabilities land trust must be appropriated to the separate disabilities land trust income account within the Washington housing trust fund for the purposes of providing housing or residential supports for persons who are mentally ill, developmentally disabled, or youth who are blind or deaf or otherwise disabled. Such purposes may not include repair and renovation of state institutions.
The Low Income Housing Advisory Committee is expanded to include the Secretary of Social and Health Services, one advocacy or consumer representative for the mentally ill, and one such representative for the developmentally disabled. The Director of the Department of Community Development must appoint a disabilities land trust board to make determinations regarding expenditures from the disabilities land trust income account. The board's composition is specified.
Projects or services for the disabled must be consistent with recommendations of the Developmental Disabilities Planning Council. Projects and services for the mentally ill must be consistent with plans developed by counties or regional support networks pursuant to Chapter 71.24 RCW.
Appropriation: none
Revenue: yes
Fiscal Note: available
Senate Committee - Testified: Eleanor Owen, W/AMI; Pat Harper, DNR (pro); Mike Piper, DCD; Jeff Larsen, Washington Assembly for Citizens with Disabilities (pro); Thelma Struck, DSHS (pro); Pat Thibaudeau, Washington Community Mental Health (pro)
HOUSE AMENDMENT:
The amendment strikes the Senate bill and replaces it with the requirements that DSHS and other agencies operating institutions inventory their lands for surplus lands every five years and report results every five years beginning December 1992. Surplus lands are placed in the CEP & RI land trust unless restrictions on the land prohibit this. The Department of Natural Resources must manage the CEP & RI lands and other land acquired for institutional purposes or for the benefit of the mentally ill or disabled by a plan that is consistent with state trust land policies.