Z-0631.4 _______________________________________________
SENATE BILL 6061
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State of Washington 56th Legislature 1999 Regular Session
By Senators Loveland, Winsley, Costa, Thibaudeau, Fraser, Kline and Jacobsen; by request of Commissioner of Public Lands and Superintendent of Public Instruction
Read first time 03/01/1999. Referred to Committee on Ways & Means.
AN ACT Relating to funding management of the common school trust lands; amending RCW 79.64.020, 79.64.030, and 79.64.040; making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 79.64.020 and 1993 c 460 s 1 are each amended to read as follows:
A
resource management cost account in the state treasury is hereby created to be
used solely for the purpose of defraying the costs and expenses necessarily
incurred by the department in managing and administering public lands and the
making and administering of leases, sales, contracts, licenses, permits,
easements, and rights of way as authorized under the provisions of this title.
Appropriations from the account to the department shall be expended for no
other purposes. Funds in the account may be appropriated or transferred by the
legislature for the benefit of ((all of)) the trust((s)) from
which the funds were derived.
Sec. 2. RCW 79.64.030 and 1993 c 460 s 2 are each amended to read as follows:
Funds
in the account derived from the gross proceeds of leases, sales, contracts,
licenses, permits, easements, and rights of way issued by the department and
affecting school lands, university lands, agricultural college lands,
scientific school lands, normal school lands, capitol building lands, or
institutional lands ((shall)) may be pooled and expended by the
department solely for the purpose of defraying the costs and expenses
necessarily incurred in managing and administering ((all of)) the trust
lands enumerated in this section. If it is determined that it is in the
best interests of the trusts involved, such funds may be ((used for))
loaned for use in paying similar costs and expenses incurred in
managing and administering another trust's or other lands managed by the
department provided that such ((expenditures that have been or may be made
on such other lands)) loan shall be repaid to the resource
management cost account together with interest at a rate and time
determined by the board of natural resources.
An
accounting shall be made annually of the accrued expenditures from ((the
pooled)) any trust funds in the account. In the event the
accounting determines that expenditures have been made from moneys derived from
((trust)) one trust's lands for the benefit of another trust
or other lands, such expenditure shall be considered a debt and an
encumbrance against the property benefited, including property held under
chapter 76.12 RCW. The results of the accounting shall be reported to the
legislature at the next regular session. The state treasurer is authorized,
upon request of the department, to transfer funds between the forest
development account and the resource management cost account solely for purpose
of repaying loans pursuant to this section.
Sec. 3. RCW 79.64.040 and 1981 2nd ex.s. c 4 s 3 are each amended to read as follows:
The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the gross proceeds of all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and affecting public lands. Moneys received as deposits from successful bidders, advance payments, and security under RCW 79.01.132 and 79.01.204 prior to December 1, 1981, which have not been subjected to deduction under this section are not subject to deduction under this section. Except as otherwise provided in this section, the deductions authorized under this section shall in no event exceed twenty-five percent of the total sum received by the department in connection with any one transaction pertaining to public lands other than second class tide and shore lands and the beds of navigable waters, and fifty percent of the total gross proceeds received by the department pertaining to second class tide and shore lands and the beds of navigable waters.
For the period beginning July 1, 1999, and ending June 30, 2003, the board may temporarily increase the deduction for the management of the common school trust lands within the resource management cost account to thirty-five percent if the board finds that prudent management of common school trust lands could not otherwise occur during that period without drawing on funds in the account derived from other federally granted trust lands, and the board determines that it is in the best interest of the trust involved to temporarily increase the deduction.
NEW SECTION. Sec. 4. (1) The sum of five million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2000, from the general fund to the resource management cost account for management of the common school trust lands.
(2) The sum of five million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the resource management cost account for management of the common school trust lands.
NEW SECTION. Sec. 5. If the funding appropriated under section 4 of this act is not enacted into law by June 30, 1999, this act is null and void.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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