S-4514.1  _______________________________________________

 

                         SENATE BILL 6556

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Senators Hargrove and Snyder

 

Read first time 01/27/94.  Referred to Committee on Natural Resources.

 

Allowing a nonprofit television reception improvement district to rent space from the department of natural resources for less than the fair market value of the property.



    AN ACT Relating to the rental of public lands; and amending RCW 79.01.242.

 

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

 

    Sec. 1.  RCW 79.01.242 and 1984 c 222 s 12 are each amended to read as follows:

    (1) Subject to other provisions of this chapter and subject to rules adopted by the board of natural resources, the department may lease state lands for purposes it deems advisable, including, but not limited to, commercial, industrial, residential, agricultural, and recreational purposes in order to obtain a fair market rental return to the state or the appropriate constitutional or statutory trust.  Every lease issued by the department, shall contain:  (a) The specific use or uses to which the land is to be employed; (b) the improvements required:  PROVIDED, That a minimum reasonable time is allowed for the completion of the improvements; (c) the rent is payable in advance in quarterly, semiannual, or annual payments, as determined by the department or as agreed upon by the lessee and the department of natural resources; (d) other terms and conditions as the department deems advisable, subject to review by the board of natural resources, to more nearly effectuate the purposes of the state Constitution and of this chapter.

    (2) The department may authorize the use of state land by lease at state auction for initial leases or by negotiation for existing leases.  Notice of intent to lease by negotiation shall be published in at least two newspapers of general circulation in the area in which the land which is to be the subject of negotiation is located within the ninety days immediately preceding commencement of negotiations.

    (3) Leases which authorize commercial, industrial, or residential uses on state lands may be entered into by negotiation.  Negotiations shall be subject to rules of the board of natural resources.  At the option of the department, these leases may be placed for bid at public auction.

    (4) Any person, firm or corporation desiring to lease any state lands for any purpose not prohibited by law, may make application to the department, describing the lands sought to be leased on forms to be provided by the department.

    (5) Notwithstanding any provision in this chapter to the contrary, in leases for residential purposes, the board of natural resources may waive or modify any conditions of the lease if the waiver or modification is necessary to enable any federal agency or lending institution authorized to do business in this state or elsewhere in the United States to participate in any loan secured by a security interest in a leasehold interest.

    (6) Upon expiration of the lease term, if the leased land is not otherwise utilized, the department may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the department may prescribe.  Upon the expiration of the one year extension, if the department has not yet determined the disposition of the land for other purposes, the department may issue a temporary permit to the lessee upon terms and conditions it prescribes.  The temporary permit may not extend beyond a five year period.

    (7) Notwithstanding subsection (1) of this section, a nonprofit television reception improvement district that leases space from the department of natural resources for the purpose of supplying a television signal to homes, businesses, or other entities in an area that would otherwise be unable to receive United States television station reception is exempt from the requirement to pay fair market rental value for the property or space.

 


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