FINAL BILL REPORT

SCR 8444

BYSenators Wojahn, Vognild, Warnke, Bauer, Rasmussen, McDonald, West, Madsen, Talmadge, Fleming, Lee, Sellar, Smith, Johnson, Niemi, Craswell, Owen, Williams, Cantu, Saling, Newhouse and Moore

Requesting a legislative proposal for management of disabilities trust land.

AS PASSED LEGISLATURE

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 1988 interim study on residential care for the mentally ill, the Senate 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 Legislature recognizes the state's constitutional responsibilities to foster and support institutions for the benefit of the disabled and to faithfully manage trust lands.  The Legislature further recognizes that the state has purchased or received many thousands of acres of land to support the disabled, that the land has not always been managed in the best interests of the disabled, that some of the land is now considered surplus and that title and use of some of the land is currently in dispute.

The Senate, with concurrence from the House of Representatives, resolves that the Senate Health and Long-Term Care Committee, the Senate Ways and Means Committee, the House Capital Facilities and Financing Committee and the House Human Services Committee review the management of lands devoted to the care of the mentally ill and disabled persons and other lands held in trust and make recommendations to the 1991 session of the Legislature that will ensure that the management of these lands is consistent with constitutional and trust law requirements.

VOTES ON FINAL PASSAGE:

First Special Session

     Senate Adopted

     House Adopted (House amended)

     Senate Adopted (Senate concurred)