S-2088.1 _______________________________________________
SUBSTITUTE SENATE BILL 5445
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State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators McDonald, Bluechel, McMullen, Vognild, Bailey and Conner; by request of Commissioner of Public Lands).
Read first time March 11, 1991.
AN ACT Relating to purchase of state forest lands; amending RCW 76.12.080; reenacting and amending RCW 76.12.120; adding a new section to chapter 84.28 RCW; adding a new section to chapter 84.33 RCW; adding a new section to chapter 84.34 RCW; adding new sections to chapter 76.12 RCW; and repealing RCW 76.12.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that there is increasing pressure in areas of the state subject to population growth for conversion of forest lands to urban uses. Loss of forest land in these areas reduces the land base for sustainable long-term production of forest products and reduces the available supply of open space, watershed protection, habitat, and recreational opportunities increasingly needed in areas of population growth.
The intent of section 2 of this act is to increase the publicly owned forest land base to be managed in perpetuity as state forest lands for sustainable commercial forestry, to help achieve the purposes of chapter 36.70A RCW, and to provide a dedicated source of revenue for the long-term capital construction needs of the state community college system.
NEW SECTION. Sec. 2. (1) The department may acquire forest land that: Is suitable for sustainable commercial forestry; may provide benefits of watershed protection, wildlife habitat, open space, and recreation; and is in danger of being parceled or converted to nonforest uses. In selecting lands to be acquired, consideration shall be given to consolidating and blocking up publicly owned forest lands and retaining highly productive forest land in forest uses, in areas in danger of being parceled or converted to nonforest uses, where state acquisition is the most prudent means of retaining such lands in forest uses. The management of the forest lands shall provide for multiple use of the lands, consistent with RCW 79.68.050. Lands acquired under this section shall not thereafter be eligible for transfer, acquisition, or management under chapter 79.70, 79.71, or 43.51 RCW, or otherwise formally reserved for uses incompatible with timber production.
(2) The department shall maintain a separate accounting of all moneys appropriated to the department under this section for the express purpose of purchasing forest lands and the amounts expended from these funds.
NEW SECTION. Sec. 3. (1) All revenue derived from the management of lands acquired under section 2 of this act shall be distributed as follows:
(a) The expense incurred by the state for administration, reforestation, and protection, not to exceed twenty-five percent, which rate of percentage shall be determined by the board of natural resources, shall be deposited in the forest development account in the state general fund.
(b) The remainder of the revenue shall be distributed to the community college forest reserve account.
(2) The community college forest reserve account, hereby created in the state treasury, may be appropriated by the legislature solely for the capital construction needs of the state community college system.
Sec. 4. 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. No sum in excess
of ((two dollars per acre)) fair market value 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)) fair market value 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 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".
NEW SECTION. Sec. 5. A new section is added to chapter 84.28 RCW to read as follows:
The transfer to the state of Washington of timberland pursuant to section 2 of this act shall not result in any compensating tax due under this chapter.
NEW SECTION. Sec. 6. A new section is added to chapter 84.33 RCW to read as follows:
The transfer to the state of Washington of timberland pursuant to section 2 of this act shall not result in any compensating tax due under this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 84.34 RCW to read as follows:
The transfer to the state of Washington of timberland pursuant to section 2 of this act shall not result in any compensating tax due under this chapter.
Sec. 8. RCW 76.12.120 and 1988 c 128 s 32 and 1988 c 70 s 1 are each reenacted and amended to read as follows:
(1) 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, except for land acquired under section 2 of this act, 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,)) (2) 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)))
(a) Fifty percent shall be placed in the forest development account.
(((2)))
(b) 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. 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.
(3) Subsection (2) of this section does not apply to lands acquired under section 2 of this act.
NEW SECTION. Sec. 9. The land exchange powers provided in RCW 76.12.050 may be used by the department to prevent suitable commercial forest land from being parceled or converted to nonforest uses, consistent with section 2 of this act.
NEW SECTION. Sec. 10. Sections 1 through 3 and 9 of this act are each added to chapter 76.12 RCW.
NEW SECTION. Sec. 11. RCW 76.12.100 and 1988 c 128 s 30, 1949 c 80 s 1, 1947 c 66 s 1, 1945 c 13 s 1, 1943 c 123 s 1, 1941 c 43 s 1, 1939 c 106 s 1, 1937 c 104 s 2, 1935 c 126 s 2, & 1933 c 117 s 1 are each repealed.