2307

AN ACT Relating to the transfer of the powers, duties, and functions of the office of the commissioner of public lands and the board of natural resources to the land board; amending RCW 43.30.020, 43.30.030, 43.30.040, 43.30.150, 43.30.160, 43.30.170, 43.30.180, 43.30.210, 79.01.048, 79.01.052, 29.30.020, 29.80.010, 29.80.020, 42.17.020, 43.01.010, 43.01.020, 43.03.010, 43.03.011, 43.12.045, 43.30.310, 76.04.145, 76.04.630, 76.09.020, 76.09.030, 76.09.050, 76.12.050, 76.12.060, 76.12.155, 79.01.007, 79.01.009, 79.01.060, 79.01.064, 79.01.068, 79.01.072, 79.01.074, 79.01.076, 79.01.080, 79.01.084, 79.01.088, 79.01.092, 79.01.095, 79.01.096, 79.01.104, 79.01.108, 79.01.112, 79.01.116, 79.01.120, 79.01.124, 79.01.140, 79.01.148, 79.01.152, 79.01.160, 79.01.164, 79.01.168, 79.01.172, 79.01.176, 79.01.188, 79.01.192, 79.01.200, 79.01.208, 79.01.216, 79.01.220, 79.01.228, 79.01.232, 79.01.236, 79.01.242, 79.01.252, 79.01.256, 79.01.260, 79.01.268, 79.01.284, 79.01.296, 79.01.301, 79.01.304, 79.01.308, 79.01.332, 79.01.336, 79.01.348, 79.01.352, 79.01.356, 79.01.360, 79.01.364, 79.01.388, 79.01.392, 79.01.400, 79.01.404, 79.01.408, 79.01.612, 79.01.628, 79.01.644, 79.01.651, 79.01.652, 79.01.656, 79.01.660, 79.01.668, 79.01.672, 79.01.676, 79.01.680, 79.01.684, 79.01.692, 79.01.704, 79.01.708, 79.01.712, 79.01.720, 79.01.732, 79.01.736, 79.01.744, 79.01.778, and 79.01.780; reenacting and amending RCW 79.01.500; adding a new section to chapter 43.30 RCW; creating a new section; recodifying RCW 43.12.045; repealing RCW 43.12.010, 43.30.050, 43.30.060, 79.01.056, and 79.01.724; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.30 RCW to read as follows:

(1) The office of commissioner of public lands and the board of natural resources are hereby abolished and their powers, duties, and functions are hereby transferred to the land board. All references to the supervisor, administrator, commissioner of public lands, or board of natural resources in the Revised Code of Washington shall be construed to mean the director of natural resources or the land board.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commissioner of public lands or the board of natural resources shall be delivered to the custody of the land board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commissioner of public lands or the board of natural resources shall be made available to the land board. All funds, credits, or other assets held by the commissioner of public lands or the board of natural resources shall be assigned to the land board.

(b) Any appropriations made to the commissioner of public lands or the board of natural resources shall, on the effective date of this section, be transferred and credited to the land board.

(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees of the commissioner of public lands or the board of natural resources are transferred to the jurisdiction of the land board. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the land board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the commissioner of public lands or the board of natural resources shall be continued and acted upon by the land board. All existing contracts and obligations shall remain in full force and shall be performed by the land board.

(5) The transfer of the powers, duties, functions, and personnel of the commissioner of public lands and the board of natural resources shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 2. RCW 43.30.020 and 1965 c 8 s 43.30.020 are each amended to read as follows:

For the purpose of this chapter, except where a different interpretation is required by the context:

(1) "Department" means the department of natural resources;

(2) "Board" means the land board ((~~of natural resources~~));

(3) ((~~"Administrator"~~)) "Director" means the ((~~administrator~~)) director of the department of natural resources;

(4) ((~~"Supervisor" means the supervisor of natural resources;~~

~~(5)~~)) "Agency" and "state agency" means any branch, department, or unit of the state government, however designated or constituted((;

~~(6) "Commissioner" means the commissioner of public lands~~)).

Sec. 3. RCW 43.30.030 and 1965 c 8 s 43.30.030 are each amended to read as follows:

The department of natural resources is hereby created, to consist of a ((~~board of natural resources, an administrator and a supervisor~~)) land board and a director of the department.

Sec. 4. RCW 43.30.040 and 1986 c 227 s 1 are each amended to read as follows:

The land board shall consist of six members: The governor ((~~or the governor's designee~~)), the superintendent of public instruction, ((~~the commissioner of public lands, the dean of the college of forest resources of the University of Washington, the dean of the college of agriculture of Washington State University~~)) the attorney general, the secretary of state, the state treasurer, and a representative of those counties that contain state forest lands acquired or transferred under chapter 76.12 RCW.

The county representative shall be selected by the legislative authorities of those counties that contain state forest lands acquired or transferred under chapter 76.12 RCW. In the selection of the county representative, each participating county shall have one vote. The Washington state association of counties shall conduct a meeting for the purpose of making the selection and shall notify the board of the selection. The county representative shall be a duly elected member of a county legislative authority who shall serve a term of four years unless the representative should leave office for any reason. The initial term shall begin on July 1, 1986.

The state elected officials may designate other persons to fulfill their responsibilities and duties on the land board; however, each state elected official shall remain ultimately responsible for his or her designee's land board decisions and actions.

Sec. 5. RCW 43.30.150 and 1988 c 128 s 10 are each amended to read as follows:

The land board shall:

(1) Perform duties relating to appraisal, appeal, approval and hearing functions as provided by law;

(2) Establish policies to insure that the acquisition, management and disposition of all lands and resources within the department's jurisdiction are based on sound principles designed to achieve the maximum effective development and use of such lands and resources consistent with laws applicable thereto;

(3) Constitute the board of appraisers provided for in Article 16, section 2 of the state Constitution;

(4) Constitute the commission on harbor lines provided for in Article 15, section 1 of the state Constitution as amended;

(5) Hold regular monthly meetings at such times as it may determine, and such special meetings as may be called by the chairman or majority of the board membership upon written notice to all members thereof: PROVIDED, That the board may dispense with any regular meetings, except that the board shall not dispense with two consecutive regular meetings;

(6) Adopt and enforce such rules and regulations as may be deemed necessary and proper for carrying out the powers, duties and functions imposed upon it by this chapter;

(7) Select a director for the department of natural resources, subject to confirmation by the senate, who shall serve at the pleasure of the board;

(8) Employ and fix the compensation of such technical, clerical and other personnel as may be deemed necessary for the performance of its duties;

((~~(8)~~)) (9) Appoint such advisory committees as it may deem appropriate to advise and assist it to more effectively discharge its responsibilities. The members of such committees shall receive no compensation, but shall be entitled to reimbursement for travel expenses in attending committee meetings in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended;

((~~(9)~~)) (10) Meet and organize within thirty days after ((~~March 6, 1957~~)) July 1, 1997, and on the third Monday of each January following a state general election at which the elected ex officio members of the board are elected. The board shall select its own chairman. ((~~The commissioner of public lands shall be the secretary of the board.~~)) The board may select a vice chairman from among its members. In the absence of the chairman and vice chairman at a meeting of the board, the members shall elect a chairman pro tem. No action shall be taken by the board except by the agreement of at least four members. The department and the board shall maintain its principal office at the capital;

((~~(10)~~)) (11) Be entitled to reimbursement individually for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.

Sec. 6. RCW 43.30.160 and 1965 c 8 s 43.30.160 are each amended to read as follows:

The land board shall appoint a director of the department of natural resources, subject to the director's confirmation by the senate. The director shall be appointed for a two-year term and shall serve at the pleasure of the board within that two-year term. A director may hold successive terms, subject to reconfirmation by the senate every two years.

The ((~~administrator~~)) director shall have responsibility for performance of all the powers, duties and functions of the department ((~~except those specifically~~)) assigned to the director by the land board. In the performance of his or her powers, duties and functions, the ((~~administrator~~)) director shall conform to policies established by the board((~~, and may employ and fix the compensation of such personnel as may be required to perform the duties of his office~~)). The land board may delegate to the director such powers and duties of the land board as it deems proper.

Sec. 7. RCW 43.30.170 and 1965 c 8 s 43.30.170 are each amended to read as follows:

((~~The supervisor~~)) In addition to other duties assigned by the land board, the director shall:

(1) Be charged with the direct supervision of the department's activities as delegated ((~~to him~~)) by the ((~~administrator~~)) land board;

(2) Perform his or her duties in conformance with the policies established by the board;

(3) Organize the department, with approval of the ((~~administrator~~)) land board, into such subordinate divisions as ((he)) the director may deem appropriate for the conduct of its operations;

(4) Employ and fix the compensation of such technical, clerical and other personnel as may be required to carry on activities under ((~~his~~)) the director's supervision;

(5) Delegate by order any of his or her powers, duties and functions to one or more deputies or assistants as ((he)) the director may desire;

(6) Furnish before entering upon his or her duties a surety bond payable to the state in such amount as may be determined by the land board, conditioned for the faithful performance of ((~~his~~)) duties and for ((~~his~~)) accounting of all moneys and property of the state that may come into ((~~his~~)) the director's possession or ((~~under his~~)) control by virtue of ((~~his~~)) the office.

Sec. 8. RCW 43.30.180 and 1965 c 8 s 43.30.180 are each amended to read as follows:

The ((~~supervisor and his~~)) land board, the director, and any duly authorized deputies may administer oaths.

Sec. 9. RCW 43.30.210 and 1965 c 8 s 43.30.210 are each amended to read as follows:

When any officer, member, or employee of an agency abolished by provisions of this chapter is, under provisions of existing law, designated as a member ex officio of another board, commission, committee, or other agency, and no provision is made in this chapter with respect to a substitute, the ((~~administrator~~)) land board shall designate the officer or other person to serve hereafter in that capacity.

Sec. 10. RCW 79.01.048 and 1988 c 128 s 50 are each amended to read as follows:

The land board ((~~of natural resources~~)) shall constitute the board of appraisers provided for in section 2 of Article XVI of the state Constitution, to, before the sale of any lands granted to the state for educational purposes, appraise the value of such lands less the improvements thereon.

Sec. 11. RCW 79.01.052 and 1988 c 128 s 51 are each amended to read as follows:

The land board ((~~of natural resources shall keep its records in the office of the commissioner of public lands, and~~)) shall keep a full and complete record of its proceedings relating to the appraisal of lands granted for educational purposes, and the board shall have the power, from time to time, to make and enforce rules and regulations for the carrying out of the provisions of this chapter relating to its duties not inconsistent with law.

Sec. 12. RCW 29.30.020 and 1990 c 59 s 11 are each amended to read as follows:

The positions or offices on a primary ballot shall be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; ((~~commissioner of public lands;~~)) superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.

The order of the positions or offices on an election ballot shall be substantially the same as on a primary ballot except that the offices of president and vice-president of the United States shall precede all other offices on a presidential election ballot. State ballot issues shall be placed before all offices on an election ballot. The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.

The political party or independent candidacy of each candidate for partisan office shall be indicated next to the name of the candidate on the primary and election ballot.

Sec. 13. RCW 29.80.010 and 1987 c 295 s 17 are each amended to read as follows:

As soon as possible before each state general election at which federal or state officials are to be elected, the secretary of state shall publish and mail to each individual place of residence of the state a candidates' pamphlet containing photographs and campaign statements of eligible nominees who desire to participate therein, together with a campaign mailing address and telephone number submitted by the nominee at the nominee's option, and in even-numbered years containing a description of the office of precinct committee officer and its duties, in order that voters will understand that the office is a state office and will be found on the ballot of the forthcoming general election. In odd-numbered years no candidates' pamphlet may be published unless an election is to be held to fill a vacancy in one or more of the following state-wide elective offices: United States senator, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, ((~~commissioner of public lands,~~)) insurance commissioner, or justice of the supreme court.

Sec. 14. RCW 29.80.020 and 1984 c 54 s 2 are each amended to read as follows:

At a time to be determined by the secretary of state, but in any event not later than forty-five days before the applicable state general election, each nominee for the office of United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, superintendent of public instruction, ((~~commissioner of public lands,~~)) insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court may file with the secretary of state a written statement advocating his or her candidacy accompanied by the campaign mailing address and telephone number submitted by the nominee at the nominee's option, and a photograph not more than five years old and of a size and quality that the secretary of state determines to be suitable for reproduction in the voters' pamphlet. The maximum number of words for the statements shall be determined according to the offices sought as follows: State representative, one hundred words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, two hundred words; United States senator, United States representative, and governor, three hundred words. No such statement or photograph may be printed in the candidates' pamphlet for any person who is the sole nominee for any nonpartisan or judicial office.

Sec. 15. RCW 42.17.020 and 1995 c 397 s 1 are each amended to read as follows:

(1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

(2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

(3) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

(4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

(5) "Bona fide political party" means:

(a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29.24 RCW;

(b) The governing body of the state organization of a major political party, as defined in RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.

(6) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

(7) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

(8) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:

(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;

(b) Announces publicly or files for office;

(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

(9) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

(10) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

(11) "Commission" means the agency established under RCW 42.17.350.

(12) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

(13) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

(14)(a) "Contribution" includes:

(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;

(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

(b) "Contribution" does not include:

(i) Standard interest on money deposited in a political committee's account;

(ii) Ordinary home hospitality;

(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

(viii) Legal or accounting services rendered to or on behalf of:

(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

(15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

(16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

(18) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

(19) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

(20) "Final report" means the report described as a final report in RCW 42.17.080(2).

(21) "General election" means the election that results in the election of a person to a state office. It does not include a primary.

(22) "Gift," is as defined in RCW 42.52.010.

(23) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

(24) "Independent expenditure" means an expenditure that has each of the following elements:

(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

(25)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

(26) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

(27) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

(28) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

(29) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

(30) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

(31) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

(32) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

(33) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

(34) "Primary" means the procedure for nominating a candidate to state office under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW.

(35) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

(36) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

(37) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29.82.015 and ending thirty days after the recall election.

(38) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

(39) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, ((~~commissioner of public lands,~~)) insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

(40) "State official" means a person who holds a state office.

(41) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

(42) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

Sec. 16. RCW 43.01.010 and 1965 c 8 s 43.01.010 are each amended to read as follows:

The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, ((~~commissioner of public lands,~~)) and insurance commissioner, shall hold office for the term of four years, and until their successors are elected and qualified; and the term shall commence on the Wednesday after the second Monday of January following their election.

Sec. 17. RCW 43.01.020 and 1965 c 8 s 43.01.020 are each amended to read as follows:

The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, ((~~commissioner of public lands,~~)) and insurance commissioner, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation in substance as follows: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability.

The oath or affirmation shall be administered by one of the justices of the supreme court at the capitol. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be filed in the office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the oath of the secretary of state shall be filed in the office of the state auditor.

Sec. 18. RCW 43.03.010 and 1989 c 10 s 8 are each amended to read as follows:

The annual salaries of the following named state elected officials shall be prescribed by the Washington citizens' commission on salaries for elected officials: Governor; lieutenant governor: PROVIDED, That in arriving at the annual salary of the lieutenant governor the commission shall prescribe a fixed amount plus a sum equal to 1/260th of the difference between the annual salary of the lieutenant governor and the annual salary of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor; secretary of state; state treasurer; state auditor; attorney general; superintendent of public instruction; ((~~commissioner of public lands;~~)) and state insurance commissioner. Members of the legislature shall receive for their service per annum the amount prescribed by the Washington citizens' commission on salaries for elected officials; and in addition, reimbursement for mileage for travel to and from legislative sessions as provided in RCW 43.03.060.

Sec. 19. RCW 43.03.011 and 1995 2nd sp.s. c 1 s 1 are each amended to read as follows:

Pursuant to Article XXVIII, section 1 of the state Constitution and RCW 43.03.010 and 43.03.310, the annual salaries of the state elected officials of the executive branch shall be as follows:

(1) Effective September 1, 1993:

(a) Governor........................................ $ 121,000

(b) Lieutenant governor............................. $ 62,700

(d) Treasurer....................................... $ 79,500

(e) Auditor......................................... $ 84,100

(f) Attorney general................................ $ 92,000

(g) Superintendent of public instruction............ $ 86,600

(h) ((~~Commissioner of public lands.................. $ 86,600~~

~~(i)~~)) Insurance commissioner........................ $ 77,200

(2) Effective September 1, 1995:

(a) Governor........................................ $ 121,000

(b) Lieutenant governor............................. $ 62,700

(d) Treasurer....................................... $ 84,100

(e) Auditor......................................... $ 84,100

(f) Attorney general................................ $ 92,000

(g) Superintendent of public instruction............ $ 86,600

(h) ((~~Commissioner of public lands.................. $ 86,600~~

~~(i)~~)) Insurance commissioner........................ $ 77,200

(3) The lieutenant governor shall receive the fixed amount of his or her salary plus 1/260th of the difference between his or her salary and that of the governor for each day that the lieutenant governor is called upon to perform the duties of the governor by reason of the absence from the state, removal, resignation, death, or disability of the governor.

Sec. 20. RCW 43.12.045 and 1995 c 403 s 101 are each amended to read as follows:

For rules adopted after July 23, 1995, the ((~~commissioner of public lands~~)) land board may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.

Sec. 21. RCW 43.30.310 and 1987 c 380 s 14 are each amended to read as follows:

For the promotion of the public safety and the protection of public property, the department of natural resources may, in accordance with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules pertaining to use by the public of state-owned lands and property which are administered by the department.

A violation of any rule adopted under this section shall constitute a misdemeanor unless the department specifies by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW: PROVIDED, That violation of a rule relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a rule equivalent to those provisions of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.

The ((~~commissioner of public lands~~)) director of the department of natural resources and such ((~~of his~~)) department employees as ((he)) the director may designate shall be vested with police powers when enforcing:

(1) The rules of the department adopted under this section; or

(2) The general criminal statutes or ordinances of the state or its political subdivisions where enforcement is necessary for the protection of state-owned lands and property.

Sec. 22. RCW 76.04.145 and 1986 c 100 s 15 are each amended to read as follows:

(1) There is hereby created a forest fire advisory board, consisting of seven members who shall represent private and public forest landowners and other interested segments of the public. The members shall be appointed by the ((~~commissioner of public lands~~)) land board and shall serve at the ((~~commissioner's~~)) land board's pleasure, without compensation.

(2) The duties of the forest fire advisory board shall be strictly advisory and shall include, but not necessarily be limited to:

(a) Reviewing forest fire prevention and suppression policies of the department;

(b) Monitoring expenditures from and recoveries for the landowner contingency forest fire suppression account;

(c) Recommending appropriate assessments and allocations for establishment and replenishment of the account based upon the proportionate expenditures necessitated by participating landowner operations in western and eastern Washington;

(d) Recommending to the department appropriate rules or amendments to existing rules and reviewing nonemergency rules affecting the protection of forest lands from fire, including reasonable alternative means or procedures for the abatement, isolation, or reduction of forest fire hazards.

(3) Except where an emergency exists, all rules concerning matters listed in subsection (2)(d) of this section shall be adopted by the department after consultation with the forest fire advisory board.

Sec. 23. RCW 76.04.630 and 1993 c 36 s 2 are each amended to read as follows:

There is created a landowner contingency forest fire suppression account in the state treasury. Moneys in the account may be spent only as provided in this section. Disbursements from the account shall be on authorization of the ((~~commissioner of public lands~~)) land board or the ((~~commissioner's~~))board's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

The department may expend from this account the amounts as may be available and as it considers appropriate for the payment of emergency fire costs resulting from a participating landowner fire. The department may, when moneys are available from the landowner contingency forest fire suppression account, expend moneys for summarily abating, isolating, or reducing an extreme fire hazard under RCW 76.04.660. All moneys recovered as a result of the department's actions, from the owner or person responsible, under RCW 76.04.660 shall be deposited in the landowner contingency forest fire suppression account.

When a determination is made that the fire was started by other than a landowner operation, moneys expended from this account in the suppression of such fire shall be recovered from the general fund appropriations as may be available for emergency fire suppression costs. The department shall deposit in the landowner contingency forest fire suppression account moneys paid out of the account which are later recovered, less reasonable costs of recovery.

This account shall be established and renewed by an annual special forest fire suppression account assessment paid by participating landowners at a rate to be established by the department. In establishing assessments, the department shall seek to establish and thereafter reestablish a balance in the account of three million dollars. The department may establish a flat fee assessment of no more than seven dollars and fifty cents for participating landowners owning parcels of fifty acres or less. For participating landowners owning parcels larger than fifty acres, the department may charge the flat fee assessment plus a per acre assessment for every acre over fifty acres. The per acre assessment established by the department may not exceed fifteen cents per acre per year. The assessments may differ to equitably distribute the assessment based on emergency fire suppression cost experience necessitated by landowner operations. Amounts assessed for this account shall be a lien upon the forest lands with respect to which the assessment is made and may be collected as directed by the department in the same manner as forest protection assessments. Payment of emergency costs from this account shall in no way restrict the right of the department to recover costs pursuant to RCW 76.04.495 or other laws.

When the department determines that a forest fire was started in the course of or as a result of a landowner operation, it shall notify the forest fire advisory board of the determination. The determination shall be final, unless, within ninety days of the notification, the forest fire advisory board or an interested party serves a request for a hearing before the department. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, and an appeal shall be in accordance with RCW 34.05.510 through 34.05.598.

Sec. 24. RCW 76.09.020 and 1974 ex.s. c 137 s 2 are each amended to read as follows:

For purposes of this chapter:

(1) "Appeals board" shall mean the forest practices appeals board created by RCW 76.09.210.

(2) ((~~"Commissioner"~~)) "Director" shall mean the ((~~commissioner of public lands~~)) director of the department of natural resources.

(3) "Contiguous" shall mean land adjoining or touching by common corner or otherwise. Land having common ownership divided by a road or other right of way shall be considered contiguous.

(4) "Conversion to a use other than commercial timber operation" shall mean a bona fide conversion to an active use which is incompatible with timber growing and as may be defined by forest practices regulations.

(5) "Department" shall mean the department of natural resources.

(6) "Forest land" shall mean all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing.

(7) "Forest land owner" shall mean any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner: PROVIDED, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest land owner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.

(8) "Forest practice" shall mean any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

(a) Road and trail construction;

(b) Harvesting, final and intermediate;

(d) Reforestation;

(e) Fertilization;

(f) Prevention and suppression of diseases and insects;

(g) Salvage of trees; and

(h) Brush control.

"Forest practice" shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.

(9) "Forest practices regulations" shall mean any rules promulgated pursuant to RCW 76.09.040.

(10) "Application" shall mean the application required pursuant to RCW 76.09.050.

(11) "Operator" shall mean any person engaging in forest practices except an employee with wages as his or her sole compensation.

(12) "Person" shall mean any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature.

(13) "Public resources" shall mean water, fish and wildlife, and in addition shall mean capital improvements of the state or its political subdivisions.

(14) "Timber" shall mean forest trees, standing or down, of a commercial species, including Christmas trees.

(15) "Timber owner" shall mean any person having all or any part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser.

(16) "Board" shall mean the forest practices board created in RCW 76.09.030.

Sec. 25. RCW 76.09.030 and 1995 c 399 s 207 are each amended to read as follows:

(1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows:

(a) The ((~~commissioner of public lands or the commissioner's~~)) director or the director's designee;

(b) The director of the department of community, trade, and economic development or the director's designee;

(d) The director of the department of ecology or the director's designee;

(e) An elected member of a county legislative authority appointed by the governor: PROVIDED, That such member's service on the board shall be conditioned on the member's continued service as an elected county official; and

(f) Six members of the general public appointed by the governor, one of whom shall be an owner of not more than five hundred acres of forest land, and one of whom shall be an independent logging contractor.

(2) The members of the initial board appointed by the governor shall be appointed so that the term of one member shall expire December 31, 1975, the term of one member shall expire December 31, 1976, the term of one member shall expire December 31, 1977, the terms of two members shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as the original appointments. Each member of the board shall continue in office until his or her successor is appointed and qualified. ((~~The commissioner of public lands or the commissioner's designee shall be the chairman of the board.~~)) The board shall elect a chair.

(3) The board shall meet at such times and places as shall be designated by the ((~~chairman~~)) chair or upon the written request of the majority of the board. The principal office of the board shall be at the state capital.

(4) Members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.

(5) The board may employ such clerical help and staff pursuant to chapter 41.06 RCW as is necessary to carry out its duties.

Sec. 26. RCW 76.09.050 and 1994 c 264 s 49 are each amended to read as follows:

(1) The board shall establish by rule which forest practices shall be included within each of the following classes:

Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource that may be conducted without submitting an application or a notification;

Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:

(a) On lands platted after January 1, 1960, or being converted to another use;

(b) Which require approvals under the provisions of the hydraulics act, RCW 75.20.100;

(d) Excluded from Class II by the board;

Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;

Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, (b) on lands being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, and/or (d) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the ((~~commissioner of public lands~~)) director, through the promulgation of a formal order, determines that the process cannot be completed within such period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.

Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

(2) No Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended: PROVIDED, That any person commencing a forest practice during 1974 may continue such forest practice until April 1, 1975, if such person has submitted an application to the department prior to January 1, 1975: PROVIDED, FURTHER, That in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

(3) If a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

(4) Forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

(5) The department ((~~of natural resources~~)) shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

(6) If the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

(7) The department shall not approve portions of applications to which a county, city, or town objects if:

(a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

(b) The objections relate to lands either:

(i) Platted after January 1, 1960; or

(ii) Being converted to another use.

The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

(8) In addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

(9) Appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

(10) The department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

(11) A county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

Sec. 27. RCW 76.12.050 and 1973 1st ex.s. c 50 s 1 are each amended to read as follows:

The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the land board ((~~of natural resources~~)) shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and land owned by the state under the jurisdiction of the department of natural resources, for real property of equal value for the purpose of consolidating and blocking up the respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.

Sec. 28. RCW 76.12.060 and 1961 c 77 s 2 are each amended to read as follows:

The ((~~commissioner of public lands~~)) director of the department of natural resources shall, with the advice and approval of the attorney general, execute such agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to complete an exchange as authorized by the land board ((~~of natural resources~~)) under RCW 76.12.050.

Sec. 29. RCW 76.12.155 and 1988 c 128 s 34 are each amended to read as follows:

The ((~~commissioner of public lands~~)) director of the department of natural resources shall keep in his or her office in a permanent bound volume a record of all forest lands acquired by the state and any lands owned by the state and designated as such by the department. The record shall show the date and from whom said lands were acquired; amount and method of payment therefor; the forest within which said lands are embraced; the legal description of such lands; the amount of money expended, if any, and the date thereof, for seeding, planting, maintenance or care for such lands; the amount, date and source of any income derived from such land; and such other information and data as may be required by the department.

Sec. 30. RCW 79.01.007 and 1991 c 204 s 5 are each amended to read as follows:

Where C.E.P. & R.I. land has the potential for lease for commercial, industrial, or residential uses or other uses with the potential for high economic return and is within urban or suburban areas, the department of natural resources shall make every effort consistent with trust land management principles and all other provisions of law to lease the lands for such purposes, unless the land is subject to a lease to a state agency operating an existing state institution. The department of natural resources is authorized, subject to approval by the land board ((~~of natural resources~~)) and only if a higher return can be realized, to exchange such lands for lands of at least equal value and to sell such lands and use the proceeds to acquire replacement lands. The department shall report to the appropriate legislative committees all C.E.P. & R.I. land purchased, sold, or exchanged. Income from the leases shall be deposited in the charitable, educational, penal, and reformatory institutions account. The legislature shall give priority consideration to appropriating one-half of the money derived from lease income to providing community housing for persons who are mentally ill, developmentally disabled, or youth who are blind, deaf, or otherwise disabled.

Sec. 31. RCW 79.01.009 and 1992 c 167 s 2 are each amended to read as follows:

(1) For the purposes of this section, "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; and any Indian tribe recognized as such by the federal government.

(2) With the approval of the land board ((~~of natural resources~~)), the department of natural resources may directly transfer or dispose of real property, without public auction, in the following circumstances:

(a) Transfers in lieu of condemnations;

(b) Transfers to public agencies; and

(3) Real property to be transferred or disposed of under this section shall be transferred or disposed of only after appraisal and for at least fair market value, and only if such transaction is in the best interest of the state or affected trust.

Sec. 32. RCW 79.01.060 and 1927 c 255 s 15 are each amended to read as follows:

The ((~~commissioner of public lands~~)) director of the department of natural resources shall have the power to appoint an auditor and cashier, and an assistant auditor and cashier, and to appoint and employ such number of state land inspectors, who shall be citizens of the state of Washington familiar with the work of inspecting and appraising lands, and such number of engineers, draftsmen, clerks and other assistants, as ((he)) the director may deem necessary for the performance of the duties of ((~~his~~)) office.

Sec. 33. RCW 79.01.064 and 1927 c 255 s 16 are each amended to read as follows:

The ((~~commissioner of public lands~~)) director of the department of natural resources and ((~~his~~)) appointees shall enter into good and sufficient surety company bonds as required by law, in the following sums: ((~~Commissioner of public lands~~)) Director, fifty thousand dollars; auditor and cashier, twenty thousand dollars; assistant auditor and cashier, ten thousand dollars; each state land inspector, five thousand dollars; and other appointees in such sum as may be fixed in the manner provided by law.

Sec. 34. RCW 79.01.068 and 1988 c 128 s 52 are each amended to read as follows:

The compensation of a state land inspector shall not exceed seven dollars per diem for the time actually employed, and necessary expenses, which shall be submitted to the ((~~commissioner of public lands~~)) director of the department of natural resources in an itemized and verified account to be approved by ((~~him~~)) the director.

Each state land inspector shall, before entering upon his or her duties, take and subscribe and file in the office of the secretary of state, an oath in substance as follows: "I . . . . . . do solemnly swear that I will well and truly perform the duties of state land inspector in the inspection and appraisement of lands to be selected by, or belonging to, or held in trust by the state of Washington, to the best of my knowledge and ability; that I will personally and carefully examine each parcel or tract of land assigned to me for inspection, and a full and complete report make, as to each tract inspected, of every material fact connected with the location, condition and character of said land, and my estimate of the value thereof, and the amount and estimated value of all timber, or other valuable material, and all improvements thereon, when directed by the ((~~commissioner of public lands~~)) director of the department of natural resources; that I am not, nor will I become, interested directly or indirectly in the sale, lease or purchase of said lands; that I will not communicate or disclose to any person other than the ((~~commissioner of public lands, or his deputy,~~)) director or the members of the land board ((~~of natural resources~~)), any information in relation to the location, condition, character or value of any lands inspected by me, or the timber or other valuable material, or the improvements thereon; that in the performance of my duties as state land inspector I will in all respects act according to the best of my knowledge and ability, and will protect the interests of the state of Washington."

Sec. 35. RCW 79.01.072 and 1988 c 128 s 53 are each amended to read as follows:

If any state land inspector shall knowingly or willfully make any false statement in any report of inspection of lands, or any false estimate of the value of lands inspected or the timber or other valuable materials or improvements thereon, or shall knowingly or willfully divulge anything or give any information in regard to lands inspected by him or her, other than to the ((~~commissioner of public lands, the deputy commissioner of public lands,~~)) director of the department of natural resources or the land board ((~~of natural resources~~)), he or she shall forthwith be removed from office, and shall be deemed guilty of a felony and in such case it shall be the duty of the ((~~commissioner of public lands~~)) director and of the members of the land board ((~~of natural resources~~)), to report all facts within their knowledge to the proper prosecuting officer to the end that prosecution for the offense may be had.

Sec. 36. RCW 79.01.074 and 1986 c 100 s 48 are each amended to read as follows:

The department is hereby authorized, when in its judgment it appears advisable, to accept on behalf of the state, any grant of land within the state which shall then become a part of the state forests. No grant may be accepted until the title has been examined and approved by the attorney general of the state and a report made to the land board ((~~of natural resources~~)) of the result of the examination.

Sec. 37. RCW 79.01.076 and 1927 c 255 s 19 are each amended to read as follows:

So long as any grant of lands by the United States to the state of Washington, for any purpose, or as lieu or indemnity lands therefor, remains incomplete, the ((~~commissioner of public lands~~)) land board shall, from time to time, cause the records in ((~~his~~)) its office and in the United States land offices, to be examined for the purpose of ascertaining what of the unappropriated lands of the United States are open to selection, and whether any thereof may be of sufficient value and so situated as to warrant their selection as state lands, and in that case may cause the same to be inspected and appraised by one or more state land inspectors, and a full report made thereon by the smallest legal subdivisions of forty acres each, classifying such lands into grazing, farming and timbered lands, and estimating the value of each tract inspected and the quantity and value of all valuable material thereon, and in the case of timbered lands the amount and value of the standing timber thereon, and the estimated value of such lands after the timber is removed, which report shall be made as amply and expeditiously as possible on blanks to be furnished by the ((~~commissioner of public lands~~)) land board for that purpose, under the oath of the inspector to the effect that he or she has personally examined the tracts mentioned in each forty acres thereof, and that said report and appraisement is made from such personal examination, and is, to the best of affiant's knowledge and belief, true and correct, and that the lands are not occupied by any bona fide settler.

The ((~~commissioner of public lands~~)) land board shall select such unappropriated lands as ((he)) it shall deem advisable, and do all things necessary under the laws of the United States to vest title thereto in the state, and shall assign lands of equal value, as near as may be, to the various uncompleted grants.

Sec. 38. RCW 79.01.080 and 1927 c 255 s 20 are each amended to read as follows:

In case any person interested in any tract of land heretofore selected by the territory of Washington or any officer, board or agent thereof or by the state of Washington or any officer, board or agent thereof or which may be hereafter selected by the state of Washington or the ((~~commissioner of public lands~~)) land board, in pursuance to any grant of public lands made by the United States to the territory or state of Washington for any purpose or upon any trust whatever, the selection of which has failed or been rejected or shall fail or shall be rejected for any reason, shall request it, the ((~~commissioner of public lands~~)) land board shall have the authority and power on behalf of the state to relinquish to the United States such tract of land.

Sec. 39. RCW 79.01.084 and 1982 1st ex.s. c 21 s 150 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board shall cause to be prepared, and furnish to applicants, blank forms of applications for the appraisal and purchase of any state lands and the purchase of timber, fallen timber, stone, gravel, or other valuable materials situated thereon, and the lease of state lands, which forms shall contain such instructions as will inform and aid intending applicants in making applications.

Sec. 40. RCW 79.01.088 and 1982 1st ex.s. c 21 s 151 are each amended to read as follows:

Any person desiring to purchase any state lands, or to purchase any timber, fallen timber, stone, gravel, or other valuable materials situated on state lands, or to lease any state lands, shall file in the office of the ((~~commissioner of public lands~~)) land board an application, on the proper form which shall be accompanied by reasonable fees to be prescribed by the land board ((~~of natural resources~~)) in an amount sufficient to defray the cost of performing or otherwise providing for the processing, review, or inspection of the applications or activities permitted pursuant to the applications for each category of services performed. These fees shall be credited to the resource management cost account (RMCA) fund as established under RCW 79.64.010 in the general fund.

Sec. 41. RCW 79.01.092 and 1979 ex.s. c 109 s 3 are each amended to read as follows:

When in the judgment of the department of natural resources, there is sufficient interest for the appraisement and sale, or the lease, for any lawful purpose, excepting mining of valuable minerals or coal, or extraction of petroleum or gas, of state lands, the department shall cause each tract of land to be inspected as to its topography, development potential, forestry, agricultural and grazing qualities, coal, mineral, stone, gravel or other valuable material, the distance from any city or town, railroad, river, irrigation canal, ditch or other waterway, and location of utilities. In case of an application to purchase land granted to the state for educational purposes, the department shall submit a report to the land board ((~~of natural resources~~)), which board shall fix the value per acre of each lot, block, subdivision or tract proposed to be sold in one parcel, which value shall be not less than ten dollars per acre. In case of applications to purchase state lands, other than lands granted to the state for educational purposes and capitol building lands, the department shall appraise and fix the value thereof. In case of interest for the lease of state lands, for any lawful purposes other than that of mining for valuable minerals or coal, or extraction of petroleum or gas, the department shall fix the rental value thereof, and only improvements authorized in writing by the department of natural resources or consistent with the approved plan of development shall be placed on state lands under lease and these improvements shall become the property of the state at the expiration or termination of the lease unless otherwise agreed upon under the terms of the lease: PROVIDED, That these improvements may be required by the department of natural resources to be removed at the end of the lease term by the lessee at his or her expense. Any improvements placed upon any state lands without the written authority of the ((~~commissioner of public lands~~)) department shall become the property of the state and be considered part of the land.

Sec. 42. RCW 79.01.095 and 1969 ex.s. c 131 s 1 are each amended to read as follows:

Periodically at intervals to be determined by the land board ((~~of natural resources~~)), the ((~~commissioner of public lands~~)) land board shall cause an economic analysis to be made of those state lands held in trust, where the nature of the trust makes maximization of the economic return to the beneficiaries of income from state lands the prime objective. The analysis shall be by specific tracts, or where such tracts are of similar economic characteristics, by groupings of such tracts.

The most recently made analysis shall be considered by the department of natural resources in making decisions as to whether to sell or lease state lands, standing timber or crops thereon, or minerals therein, including but not limited to oil and gas and other hydrocarbons, rocks, gravel and sand.

The economic analysis shall include, but shall not be limited to the following criteria: (1) Present and potential sale value; (2) present and probable future returns on the investment of permanent state funds; (3) probable future inflationary or deflationary trends; (4) present and probable future income from leases or the sale of land products; and (5) present and probable future tax income derivable therefrom specifically including additional state, local and other tax revenues from potential private development of land currently used primarily for grazing and other similar low priority use; such private development would include, but not be limited to, development as irrigated agricultural land.

Sec. 43. RCW 79.01.096 and 1982 c 54 s 1 are each amended to read as follows:

Not more than one hundred and sixty acres of any land granted to the state by the United States shall be offered for sale in one parcel and no university lands shall be offered for sale except by legislative directive or with the consent of the board of regents of the University of Washington.

Any land granted to the state by the United States may be sold or leased for any lawful purpose in such minimum acreage as may be fixed by the department of natural resources.

Except as otherwise provided in RCW 79.01.770, upon the application of a school district or any institution of higher education for the purchase or lease of lands granted to the state by the United States, the department of natural resources may offer such land for sale or lease to such school district or institution of higher education in such acreage as it may determine, consideration being given upon application of a school district to school site criteria established by the state board of education: PROVIDED, That in the event the department thereafter proposes to offer such land for sale or lease at public auction such school district or institution of higher education shall have a preference right for six months from notice of such proposal to purchase or lease such land at the appraised value determined by the land board ((~~of natural resources~~)).

State lands shall not be leased for a longer period than ten years: PROVIDED, That such lands may be leased for the purpose of prospecting for, developing and producing oil, gas and other hydrocarbon substances or for the mining of coal subject to the provisions of chapter 79.14 RCW and RCW 79.01.692. Such lands may be leased for agricultural purposes for any period not to exceed twenty-five years except that such leases which authorize tree fruit and grape production may be for any period up to fifty-five years. Such lands may be leased for public school, college or university purposes for any period not exceeding seventy-five years. Such lands may be leased for commercial, industrial, business, or recreational purposes for any period not exceeding fifty-five years. Such lands may be leased for residential purposes for any period not to exceed ninety-nine years. If during the term of the lease of any state lands for agricultural, grazing, commercial, residential, business, or recreational purposes, in the opinion of the department it is in the best interest of the state so to do, the department may, on the application of the lessee and in agreement with the lessee, alter and amend the terms and conditions of such lease. The sum total of the original lease term and any extension thereof shall not exceed the limits provided herein.

Sec. 44. RCW 79.01.104 and 1959 c 257 s 7 are each amended to read as follows:

When, in the judgment of the ((~~commissioner of public lands~~)) land board the best interest of the state will be thereby promoted, the ((~~commissioner~~)) land board may vacate any plat or plats covering state lands, and vacate any street, alley or other public place therein situated: PROVIDED, That the vacation of any such plat shall not affect the vested rights of any person or persons theretofore acquired therein. In the exercise of the foregoing power and authority to vacate, the ((~~commissioner~~)) land board shall enter an order in the records of ((~~his~~)) its office and at once forward a certified copy thereof to the county auditor of the county wherein said platted lands are located and said auditor shall cause the same to be recorded in the miscellaneous records of his or her office and noted on the plat by reference to the volume and page of the record.

Sec. 45. RCW 79.01.108 and 1959 c 257 s 8 are each amended to read as follows:

Whenever all the owners and other persons having a vested interest in the lands abutting on any street, alley, or other public place, or any portion thereof, in any plat of state lands, lying outside the limits of any incorporated city or town, shall petition the ((~~commissioner of public lands~~)) land board therefor, the ((~~commissioner~~)) land board may vacate any such tract, alley or public place or part thereof and in such case all such streets, alleys or other public places or portions thereof so vacated shall be platted, appraised and sold or leased in the manner provided for the platting, appraisal and sale or lease of similar lands: PROVIDED, That where the area vacated can be determined from the plat already filed it shall not be necessary to survey such area before platting the same. The owner or owners, or other persons having a vested interest in the lands abutting on any of the lots, blocks or other parcels platted upon the lands embraced within any area vacated as hereinabove provided, shall have a preference right for the period of sixty days from the date of filing such plat and the appraisal of such lots, blocks or other parcels of land in the office of the ((~~commissioner of public lands~~)) land board, to purchase the same at the appraised value thereof.

Sec. 46. RCW 79.01.112 and 1959 c 257 s 9 are each amended to read as follows:

Whenever application is made to purchase less than a section of unplatted state lands, the ((~~commissioner of public lands~~)) land board may order the inspection of the entire section or sections of which the lands applied for form a part.

Sec. 47. RCW 79.01.116 and 1982 1st ex.s. c 21 s 152 are each amended to read as follows:

In no case shall any lands granted to the state be offered for sale unless the same shall have been appraised by the land board ((~~of natural resources~~)) within ninety days prior to the date fixed for the sale, and in no case shall any other state lands, or any materials on any state lands, be offered for sale unless the same shall have been appraised by the ((~~commissioner of public lands~~)) land board within ninety days prior to the date fixed for the sale.

Sec. 48. RCW 79.01.120 and 1982 1st ex.s. c 21 s 153 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board may cause any state lands to be surveyed for the purpose of ascertaining and determining the area subject to sale or lease.

Sec. 49. RCW 79.01.124 and 1982 1st ex.s. c 21 s 154 are each amended to read as follows:

Timber, fallen timber, stone, gravel, or other valuable material situated upon state lands may be sold separate from the land, when in the judgment of the ((~~commissioner of public lands~~)) land board, it is for the best interest of the state so to sell the same, and in case the estimated amount of timber on any tract of state lands, shall exceed one million feet to the quarter section, the timber shall be sold separate from the land. When application is made for the purchase of any valuable material situated upon state lands, the same inspection and report shall be had as upon an application for the appraisement and sale of such lands, and the ((~~commissioner of public lands~~)) land board shall appraise the value of the material applied for. No timber, fallen timber, stone, gravel, or other valuable material, shall be sold for less than the appraised value thereof.

Sec. 50. RCW 79.01.140 and 1979 ex.s. c 109 s 6 are each amended to read as follows:

No lessee of state lands shall remain in possession of said lands after the termination or expiration of his or her lease, without the written consent of the ((~~commissioner of public lands~~)) land board, and then only upon such terms and conditions as such written consent shall prescribe: PROVIDED, That the department of natural resources may authorize for a specific period beyond the term of the lease cropping improvements for the purpose of crop rotation which shall be deemed authorized improvements.

Sec. 51. RCW 79.01.148 and 1979 ex.s. c 109 s 7 are each amended to read as follows:

If the purchaser of state lands be not the owner of the authorized improvements thereon, he or she shall deposit with the auctioneer making the sale, at the time of the sale, the appraised value of such improvements, and the ((~~commissioner~~)) land board shall pay to the owner of said improvements the sum so deposited: PROVIDED, That when the improvements are owned by the state in accordance with the provisions of this chapter or have been acquired by the state by escheat or operation of law the purchaser may, in case of sale, pay for such improvements in equal annual installments at the same time, and with the same rate of interest on deferred payments, as the installments of the purchase price of the land are paid, and under such rules and regulations regarding use and care of said improvements as may be fixed by the ((~~commissioner of public lands~~)) land board.

Sec. 52. RCW 79.01.152 and 1988 c 128 s 55 are each amended to read as follows:

For the purpose of determining the value and character of lands, timber, fallen timber, stone, gravel, or other valuable material, or improvements, the land board ((~~of natural resources, or the commissioner of public lands, as the case may be,~~)) may compel the attendance of witnesses by subpoena, at such place as the board((~~, or the commissioner,~~)) may designate, and examine such witnesses under oath as to the value and character of such lands, or materials, or improvements and waste or damage to the land.

Sec. 53. RCW 79.01.160 and 1959 c 257 s 15 are each amended to read as follows:

All sales of timber upon state lands shall be made subject to the right, power and authority of the ((~~commissioner of public lands~~)) land board to prescribe rules and regulations governing the manner of the removal of the timber with a view to the protection of the nonmerchantable timber against destruction or injury by fire or from other causes, and such rules or regulations shall be binding upon the purchaser of the timber and his or her successors in interest and shall be enforced by the ((~~commissioner of public lands~~)) department of natural resources.

Sec. 54. RCW 79.01.164 and 1959 c 257 s 16 are each amended to read as follows:

When the merchantable timber has been sold and actually removed from any state lands, the ((~~commissioner of public lands~~)) land board may classify the land, and may reserve from any future sale such portions thereof as may be found suitable for reforestation, and in such case, the ((~~commissioner~~)) land board shall enter such reservation in the records in ((~~his~~)) its office, and all such lands so reserved shall not thereafter be subject to sale or lease. The ((~~commissioner of public lands~~)) land board shall certify all such reservations for reforestation so made, ((~~to the board of natural resources,~~)) and it shall be the duty of the department of natural resources, to protect such lands, and the remaining timber thereon, from fire and to reforest the same.

Sec. 55. RCW 79.01.168 and 1961 c 73 s 2 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board may cause valuable materials on state lands to be inspected and appraised and offered for sale ((~~when authorized by the board of natural resources~~)) without an application having been filed, or deposit made, for the purchase of the same.

Sec. 56. RCW 79.01.172 and 1927 c 255 s 43 are each amended to read as follows:

Whenever the state of Washington shall become the owner of any growing crop, or crop grown upon, any state lands, by reason of the forfeiture, cancellation or termination of any contract or lease of state lands, or from any other cause, the ((~~commissioner of public lands~~)) land board is authorized to arrange for the harvesting, sale or other disposition of such crop in such manner as ((he)) it deems for the best interest of the state, and shall pay the proceeds of any such sale into the state treasury to be credited to the same fund as the rental of the lands upon which the crop was grown would be credited.

Sec. 57. RCW 79.01.176 and 1982 1st ex.s. c 21 s 155 are each amended to read as follows:

Any county, city, or town desiring to purchase any stone, rock, gravel, or sand upon any state lands to be used in the construction, maintenance, or repair of any public street, road, or highway within such county, city, or town, may file with the ((~~commissioner of public lands~~)) land board an application for the purchase thereof, which application shall set forth the quantity and kind of material desired to be purchased, the location thereof, and the name, or other designation, and location of the street, road, or highway upon which the material is to be used. The ((~~commissioner of public lands~~)) land board upon the receipt of such an application is authorized to sell said material in such manner and upon such terms as ((he)) it deems advisable and for the best interest of the state for not less than the fair market value thereof to be appraised by the ((~~commissioner of public lands~~)) land board. The proceeds of any such sale shall be paid into the state treasury and credited to the fund to which the proceeds of the sale of the land upon which the material is situated would belong.

Sec. 58. RCW 79.01.188 and 1982 1st ex.s. c 21 s 157 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board shall cause to be printed a list of all public lands, or materials thereon, and the appraised value thereof, that are to be sold in the several counties of the state, said lists to be issued at least four weeks prior to the date of any sale of the lands or materials enumerated thereon, such lands and materials to be listed under the name of the county wherein located, in alphabetical order giving the appraised values, the character of the same, and such other information as may be of interest to prospective buyers. ((~~Said commissioner of public lands~~)) The land board shall cause to be distributed to the auditor of each county in the state a sufficient number of such lists to supply the demands made upon them respectively as reported by such auditors. And said county auditors shall keep the list so furnished in a conspicuous place or receptacle on the counter of the public office of their respective departments, and, when requested so to do, shall mail copies of such lists to residents of their counties. The ((~~commissioner of public lands~~)) land board shall retain for free distribution in ((~~his~~)) its office and the district offices sufficient copies of said lists, to be kept in a conspicuous place or receptacle on the counter of the general office of the ((~~commissioner of public lands~~)) land board, and the districts, and, when requested so to do, shall mail copies of said lists as issued to any applicant therefor. Proof of publication of the notice of sale shall be made by affidavit of the publisher, or person in charge, of the newspaper publishing the same and proof of posting the notice of sale and the receipt of the lists shall be made by certificate of the county auditor which shall forthwith be sent to and filed with the ((~~commissioner of public lands~~)) land board.

Sec. 59. RCW 79.01.192 and 1927 c 255 s 48 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board is authorized to expend any sum in additional advertising of such sale as ((he)) it shall determine to be for the best interest of the state.

Sec. 60. RCW 79.01.200 and 1989 c 148 s 3 are each amended to read as follows:

All sales of land shall be at public auction, and all sales of valuable materials shall be at public auction or by sealed bid to the highest bidder, on the terms prescribed by law and as specified in the notice provided, and no land or materials shall be sold for less than its appraised value: PROVIDED, That on public lands granted to the state for educational purposes sealed bids may be accepted for sales of timber or stone only: PROVIDED FURTHER, That when valuable material has been appraised at an amount not exceeding one hundred thousand dollars, the department of natural resources, when authorized by the land board ((~~of natural resources~~)), may arrange for the sale at public auction of said valuable material and for its removal under such terms and conditions as the department may prescribe, after the department shall have caused to be published not less than ten days prior to sale a notice of such sale in a newspaper of general circulation located nearest to property to be sold. This section does not apply to direct sales authorized in RCW 79.01.184.

Sec. 61. RCW 79.01.208 and 1927 c 255 s 52 are each amended to read as follows:

If any land so offered for sale be not sold the same may again be advertised for sale, as provided in this chapter, whenever in the opinion of the ((~~commissioner of public lands~~)) land board it shall be expedient so to do, and such land shall be again advertised and offered for sale as herein provided, whenever any person shall apply to the ((~~commissioner~~)) land board in writing to have such land offered for sale and shall agree to pay, at least the appraised value thereof and shall deposit with the ((~~commissioner~~)) land board at the time of making such application a sufficient sum of money to pay the cost of advertising such sale.

Sec. 62. RCW 79.01.216 and 1984 c 222 s 11 are each amended to read as follows:

All state lands shall be sold on terms and conditions established by the land board ((~~of natural resources~~)) in light of market conditions. Sales by real estate contract or for cash may be authorized. All deferred payments shall draw interest at such rate as may be fixed, from time to time, by rule adopted by the land board ((~~of natural resources~~)), and the rate of interest, as so fixed at the date of each sale, shall be stated in all advertising for and notice of sale and in the contract of sale. All remittances for payment of either principal or interest shall be forwarded to the department of natural resources.

Sec. 63. RCW 79.01.220 and 1982 1st ex.s. c 21 s 160 are each amended to read as follows:

When the entire purchase price of any state lands shall have been fully paid, the ((~~commissioner of public lands~~)) land board shall certify such fact to the governor, and shall cause a deed signed by the governor and attested by the secretary of state, with the seal of the state attached thereto, to be issued to the purchaser and to be recorded in the office of the ((~~commissioner of public lands~~)) land board, and no fee shall be required for any deed of land issued by the governor other than the fee provided for in this chapter.

Sec. 64. RCW 79.01.228 and 1985 c 237 s 18 are each amended to read as follows:

The purchaser of state lands under the provisions of this chapter, except in cases where the full purchase price is paid at the time of the purchase, shall enter into and sign a contract with the state, to be signed by the ((~~commissioner of public lands~~)) land board on behalf of the state, with the seal of ((~~his~~)) office attached, and in a form to be prescribed by the attorney general, in which ((he)) the purchaser shall covenant that he or she will make the payments of principal and interest, computed from the date the contract is issued, when due, and that he or she will pay all taxes and assessments that may be levied or assessed on such land, and that on failure to make the payments as prescribed in this chapter when due all rights of the purchaser under said contract may, at the election of the ((~~commissioner of public lands~~)) land board, acting for the state, be forfeited, and that when forfeited the state shall be released from all obligation to convey the land. The purchaser's rights under the real estate contract shall not be forfeited except as provided in chapter 61.30 RCW.

The contract provided for in this section shall be executed in duplicate, and one copy shall be retained by the purchaser and the other shall be filed in the office of the ((~~commissioner of public lands~~)) land board.

The ((~~commissioner of public lands~~)) land board may, as ((he)) it deems advisable, extend the time for payment of principal and interest on contracts heretofore issued, and contracts to be issued under this chapter.

The ((~~commissioner of public lands~~)) land board shall notify the purchaser of any state lands in each instance when payment on his or her contract is overdue, and that he or she is liable to forfeiture if payment is not made when due.

Sec. 65. RCW 79.01.232 and 1927 c 255 s 58 are each amended to read as follows:

When timber, fallen timber, stone, gravel, or other valuable material, shall have been sold separate from the land and the purchase price paid in full, the ((~~commissioner of public lands~~)) land board shall cause a bill of sale, signed by the ((~~commissioner and attested by the seal of his office~~)) land board, setting forth the time within which such material shall be removed, to be issued to the purchaser and to be recorded in the office of the ((~~commissioner of public lands~~)) land board, upon the payment of the fee provided for in this chapter.

Sec. 66. RCW 79.01.236 and 1982 1st ex.s. c 21 s 163 are each amended to read as follows:

Whenever the holder of a contract of purchase of any state lands, or the holder of any lease of any such lands, except for mining of valuable minerals or coal, or extraction of petroleum or gas, shall surrender the same to the ((~~commissioner~~)) land board with the request to have it divided into two or more contracts, or leases, the ((~~commissioner~~)) land board may divide the same and issue new contracts, or leases, but no new contract, or lease, shall issue while there is due and unpaid any interest, rental, or taxes or assessments on the land held under such contract or lease, nor in any case where the ((~~commissioner~~)) land board is of the opinion that the state's security would be impaired or endangered by the proposed division. For all such new contracts, or leases, a fee as determined by the land board ((~~of natural resources~~)) for each new contract or lease issued, shall be paid by the applicant and such fee shall be paid into the state treasury to the resource management cost account fund established in the general fund pursuant to RCW 79.64.010.

Sec. 67. 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 land 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 land 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 land 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 land 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.

Sec. 68. RCW 79.01.252 and 1979 ex.s. c 109 s 12 are each amended to read as follows:

The department shall give thirty days notice of the public auction leasing by posting in some conspicuous place in the county auditor's office, the office of the ((~~commissioner of public lands~~)) land board and the area headquarters of the department of natural resources administering such lease, and in at least two newspapers of general circulation in the area in which the leasing shall occur. The notice shall specify the place and time of auction, the appraised value thereof, and describe each parcel to be leased, and the terms and conditions of the lease.

The leasing shall be conducted under the direction of the ((~~commissioner of public lands~~)) land board by ((~~his~~)) its authorized representative, or by the auditor for the county in which the land to be leased is located. The ((~~commissioner's~~)) land board's representative and the county auditor are hereinafter referred to as auctioneers.

The ((~~commissioner of public lands~~)) land board is authorized to expend an amount necessary in additional advertising of such lease as ((he)) it shall determine to be for the best interest of the state.

When leases are auctioned by the county auditor the auction shall take place in the county where the state land to be leased is situated at such place as specified in the notice. All other leases shall be held at the departmental area office having jurisdiction over the leases. Auction shall be conducted between the hours of ten o'clock in the morning and four o'clock in the afternoon. All leasing at public auction shall be by oral or by sealed bid to the highest bidder on the terms prescribed by law and as specified in the notice hereinbefore provided, and no state land shall be leased for less than the appraised value.

Sec. 69. RCW 79.01.256 and 1979 ex.s. c 109 s 13 are each amended to read as follows:

The person or persons to whom any lease of state lands is awarded, shall pay to the auctioneer in cash or by certified check or accepted draft on any bank in this state, the rental in accordance with his or her bid, and thereafter all rentals shall be paid in advance to the ((~~commissioner of public lands~~)) land board.

Sec. 70. RCW 79.01.260 and 1979 ex.s. c 109 s 14 are each amended to read as follows:

When any state lands have been leased, the auctioneer shall send to the ((~~commissioner~~)) land board such cash, certified check, draft or money order received from the successful bidder, together with any additional report of ((~~his~~)) proceedings as may be required by the ((~~commissioner~~)) land board.

Sec. 71. RCW 79.01.268 and 1979 ex.s. c 109 s 16 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board shall keep a full and complete record of all leases issued under the provisions of the preceding sections and the payments made thereon. If such rental be not paid on or before the date the same becomes due, according to the terms of the lease, the ((~~commissioner of public lands~~)) land board shall declare a forfeiture, cancel the lease and eject the lessee from the land: PROVIDED, That the ((~~commissioner of public lands~~)) land board may extend the time for payment of annual rental when, in ((~~his~~)) its judgment, the interests of the state will not be prejudiced thereby.

Sec. 72. RCW 79.01.284 and 1959 c 257 s 32 are each amended to read as follows:

At any time during the existence of any lease of state lands, except lands leased for the purpose of mining of valuable minerals, or coal, or extraction of petroleum or gas, the lessee with the consent of the ((~~commissioner of public lands~~)) land board, first obtained, by written application, showing the cost and benefits to be derived thereby, may purchase or acquire a water right appurtenant to and in order to irrigate the land leased ((~~by him~~)), and if such water right shall become a valuable and permanent improvement to the lands, then, in case of the sale or lease of such lands to other parties, the lessee acquiring such water right shall be entitled to receive the value thereof as in case of other improvements which ((he)) the lessee has placed upon the land.

Sec. 73. RCW 79.01.296 and 1959 c 257 s 34 are each amended to read as follows:

The lessee, or assignee of any lease, of state lands, leased for grazing purposes, shall not use the same for any other purpose than that expressed in the lease: PROVIDED, That such lessee, or his or her assignee, of state lands, may surrender his or her lease to the ((~~commissioner of public lands~~)) land board and request the ((~~commissioner~~)) land board to issue an agricultural lease in lieu thereof, and in such case, the ((~~commissioner~~)) land board upon the payment of the fixed rental for agricultural purposes under the appraisement of said land shall be authorized to issue a new lease, for the unexpired portion of the term of the lease surrendered, under which the lessee shall be permitted to clear, plow and cultivate the lands as in the case of an original lease for agricultural purposes.

Sec. 74. RCW 79.01.301 and 1967 ex.s. c 78 s 5 are each amended to read as follows:

(1) The purpose of this section is to provide revenues to the state and its various taxing districts through the sale of public lands which are currently used primarily for grazing and similar low priority purposes, by enabling their development as irrigated agricultural lands.

(2) All applications for the purchase of lands of the foregoing character, when accompanied by a proposed plan of development of the lands for a higher priority use, shall be individually reviewed by the land board ((~~of natural resources~~)). The board shall thereupon determine whether the sale of the lands is in the public interest and upon an affirmative finding shall offer such lands for sale under the applicable provisions of this chapter: PROVIDED, That any such parcel of land shall be sold to the highest bidder but only at a bid equal to or higher than the last appraised valuation thereof as established by appraisers for the department for any such parcel of land: PROVIDED FURTHER, That any lands lying within United States reclamation areas, the sale price of which is limited or otherwise regulated pursuant to federal reclamation laws or regulations thereunder, need not be offered for sale so long as such limitations or regulations are applicable thereto.

(3) The department of natural resources shall make appropriate regulations defining properties of such irrigated agricultural potential and shall take into account the economic benefits to the locality in classifying such properties for sale.

Sec. 75. RCW 79.01.304 and 1982 1st ex.s. c 21 s 166 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board shall cause full and correct abstracts of all the state lands to be made and kept in ((~~his~~)) its office in suitable and well bound books, and other suitable records. Such abstracts shall show in proper columns and pages the section or part of section, lot or block, township and range in which each tract is situated, whether timber or prairie, improved or unimproved, the appraised value per acre, the value of improvements and the value of damages, and the total value, the several values of timber, stone, gravel, or other valuable materials thereon, the date of sale, the name of purchaser, sale price per acre, the date of lease, the name of lessee, the term of the lease, the annual rental, amount of cash paid, amount unpaid and when due, amount of annual interest, and in proper columns such other facts as may be necessary to show a full and complete abstract of the conditions and circumstances of each tract or parcel of land from the time the title was acquired by the state until the issuance of a deed or other disposition of the land by the state.

Sec. 76. RCW 79.01.308 and 1927 c 255 s 77 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board is authorized and directed to make applications, and to cause publication of notices of applications, to the interior department of the United States for certification that any land granted to the state is nonmineral in character, in accordance with the rules of the general land office of the United States.

Sec. 77. RCW 79.01.332 and 1927 c 255 s 83 are each amended to read as follows:

Any person, firm or corporation, engaged in the business of logging or lumbering, quarrying, mining or removing sand, gravel or other valuable materials from land, and desirous of obtaining a right of way for the purpose of transporting or moving timber, minerals, stone, sand, gravel or other valuable materials from other lands, over and across any state lands, or tide or shore lands belonging to the state, or any such lands sold or leased by the state since the fifteenth day of June, 1911, shall file with the ((~~commissioner of public lands~~)) land board upon a form to be furnished for that purpose, a written application for such right of way, accompanied by a plat showing the location of the right of way applied for with references to the boundaries of the government section in which the lands over and across which such right of way is desired are located. Upon the filing of such application and plat, the ((~~commissioner of public lands~~)) land board shall cause the lands embraced within the right of way applied for, to be inspected, and all timber thereon, and all damages to the lands affected which may be caused by the use of such right of way, to be appraised, and shall notify the applicant of the appraised value of such timber and such appraisement of damages. Upon the payment to the ((~~commissioner of public lands~~)) land board of the amount of the appraised value of timber and damages, the ((~~commissioner~~)) land board shall issue in duplicate a right of way certificate setting forth the terms and conditions upon which such right of way is granted, as provided in the preceding sections, and providing that whenever such right of way shall cease to be used for the purpose for which it was granted, or shall not be used in accordance with such terms and conditions, it shall be deemed forfeited. One copy of such certificate shall be filed in the office of the ((~~commissioner of public lands~~)) land board and one copy delivered to the applicant.

Sec. 78. RCW 79.01.336 and 1927 c 255 s 84 are each amended to read as follows:

Any such right of way heretofore granted which has never been used, or has ceased to be used for the purpose for which it was granted, for a period of two years, shall be deemed forfeited. The forfeiture of any such right of way heretofore granted, or granted under the provisions of the preceding sections, shall be rendered effective by the mailing of a notice of such forfeiture to the grantee thereof at his or her last known post office address and by stamping a copy of such certificate, or other record of the grant, in the office of the ((~~commissioner of public lands~~)) land board with the word "canceled", and the date of such cancellation.

Sec. 79. RCW 79.01.348 and 1927 c 255 s 87 are each amended to read as follows:

In order to obtain the benefits of the preceding section any railroad company hereafter constructing, or proposing to construct, a railroad, shall file with the ((~~commissioner of public lands~~)) land board a copy of its articles of incorporation, due proof of organization thereunder, a map or maps, accompanied by the field notes of the survey, showing the location of the line of said railroad, the width of the right of way and extra widths, if any, and shall pay to the ((~~commissioner of public lands~~)) land board as hereinafter provided the amount of the appraised value of the lands included within said right of way, and extra widths if any are required, and the damages to any lands affected by such right of way or extra widths.

Sec. 80. RCW 79.01.352 and 1927 c 255 s 88 are each amended to read as follows:

All state lands over which a right of way of any railroad to be hereafter constructed, shall be located, shall be appraised in the same manner as in the case of applications for the purchase of state lands, fixing the appraised value per acre for each lot or block, quarter section or subdivision thereof, less the improvements, if any, and the damages to any state lands affected by such right of way, shall be appraised in like manner, and the appraisement shall be recorded and the evidence or report upon which the same is based shall be preserved of record, in the office of the ((~~commissioner of public lands~~)) land board, and the ((~~commissioner~~)) land board shall send notice to the railroad company applying for the right of way that such appraisement has been made.

Sec. 81. RCW 79.01.356 and 1927 c 255 s 89 are each amended to read as follows:

Should any improvements, made by anyone not holding adversely to the state at the time of making such improvements or made in good faith by a lessee of the state whose lease had not been canceled or was not subject to cancellation for any cause, or made upon the land by mistake, be upon any of such lands at the time of the appraisement, the same shall be separately appraised, together with the damage and waste done to said lands, or to adjacent lands, by the use and occupancy of the same, and after deducting from the amount of the appraisement for improvements the amount of such damage and waste, the balance shall be regarded as the value of said improvements, and the railroad company, if not the owner of such improvements, shall deposit with the ((~~commissioner of public lands~~)) land board the value of the same, as shown by said appraisement, within thirty days next following the date thereof. The ((~~commissioner of public lands~~)) land board shall hold such moneys for a period of three months, and unless a demand and proof of ownership of such improvements shall be made upon the ((~~commissioner~~)) land board within said period of three months, the same shall be deemed forfeited to the state and deposited with the state treasurer and paid into the general fund. If two or more persons shall file claims of ownership of said improvements, within said period of three months, with the ((~~commissioner of public lands~~)) land board, the ((~~commissioner~~)) land board shall hold such moneys until the claimants agree or a certified copy of the judgment decreeing the ownership of said improvements shall be filed with ((~~him~~)) the land board. When notice of agreement or a certified copy of a judgment has been so filed, the ((~~commissioner of public lands~~)) land board shall pay over to the owner of the improvements the money so deposited.

Sec. 82. RCW 79.01.360 and 1927 c 255 s 90 are each amended to read as follows:

When the construction or proposed construction of said railroad affects the value of improvements on state lands not situated on the right of way or extra widths, the applicant for said right of way shall file with the ((~~commissioner of public lands~~)) land board a valid release of damages duly executed by the owner or owners of such improvements, or a certified copy of a judgment of a court of competent jurisdiction, showing that compensation for the damages resulting to such owner or owners, as ascertained in accordance with existing law, has been made or paid into the registry of such court.

Sec. 83. RCW 79.01.364 and 1927 c 255 s 91 are each amended to read as follows:

Upon full payment of the appraised value of any right of way for a railroad and of damages to state lands affected, the ((~~commissioner of public lands~~)) land board shall issue to the railroad company applying for such right of way a certificate in such form as the ((~~commissioner of public lands~~)) land board may prescribe, in which the terms and conditions of said easement shall be set forth and the lands covered thereby described, and any future grant, or lease, by the state, of the lands crossed or affected by such right of way shall be subject to the easement described in the certificate.

Sec. 84. RCW 79.01.388 and 1961 c 73 s 7 are each amended to read as follows:

In order to obtain the benefits of the grant made in RCW 79.01.384, the municipal or private corporation or company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, such telephone line, ditch, flume, pipe line or transmission line, shall file, with the ((~~commissioner of public lands~~)) land board, a map, accompanied by the field notes of the survey and location of such telephone line, ditch, flume, pipe line or transmission line, and shall make payment therefor as provided in RCW 79.01.392. The land within the right of way shall be limited to an amount necessary for the construction of said telephone line, ditch, flume, pipe line or transmission line sufficient for the purposes required, together with sufficient land on either side thereof for ingress and egress to maintain and repair the same, and the grant shall include the right to cut all standing timber, and/or reproduction within said right of way. The grant shall also include the right to cut trees marked as danger trees by the applicant outside of the right of way, which shall be dangerous to the operation and maintenance of the telephone line, ditch, flume, pipe line or transmission line upon full payment of the appraised value thereof.

Sec. 85. RCW 79.01.392 and 1961 c 73 s 8 are each amended to read as follows:

Upon the filing of the plat and field notes, as provided in RCW 79.01.388, the land applied for and the standing timber and/or reproduction on the right of way applied for, and the marked danger trees to be felled off the right of way, if any, and the improvements included in the right of way applied for, if any, shall be appraised as in the case of an application to purchase statelands. Upon full payment of the appraised value of the land applied for, or upon payment of an annual rental when the department of natural resources deems a rental to be in the best interests of the state, and upon full payment of the appraised value of the standing timber, reproduction, and improvements, if any, the ((~~commissioner of public lands~~)) land board shall issue to the applicant a certificate of the grant of such right of way stating the terms and conditions thereof and shall enter the same in the abstracts and records in ((~~his~~)) its office, and thereafter any sale or lease of the lands affected by such right of way shall be subject to the easement of such right of way. Should the corporation, company, association, individual, or the United States of America, securing such right of way ever abandon the use of the same for the purposes for which it was granted, the right of way shall revert to the state, or the state's grantee.

Sec. 86. RCW 79.01.400 and 1945 c 147 s 5 are each amended to read as follows:

In order to obtain the benefits of the grant hereinabove provided for, the irrigation district, irrigation company, association, individual, or the United States of America, constructing or proposing to construct such irrigation ditch or pipe line for irrigation, or the diking and drainage district or diking and drainage improvement district constructing or proposing to construct any dike or drainage ditch, shall file with the ((~~commissioner of public lands~~)) land board a map accompanied by the field notes of the survey and location of the proposed irrigation ditch, pipe line, dike, or drainage ditch, and shall pay to the state as hereinafter provided, the amount of the appraised value of the said lands used for or included within such right of way. The land within said right of way shall be limited to an amount necessary for the construction of the irrigation ditch, pipe line, dike, or drainage ditch for the purposes required, together with sufficient land on either side thereof for ingress and egress to maintain and repair the same.

Sec. 87. RCW 79.01.404 and 1927 c 255 s 101 are each amended to read as follows:

Upon the filing of the plat and field notes as hereinabove provided, the lands included within the right of way applied for shall be appraised as in the case of an application to purchase such lands, at the full market value thereof. Upon full payment of the appraised value of the lands, the ((~~commissioner of public lands~~)) land board shall issue to the applicant a certificate of right of way, and enter the same in the records in ((~~his~~)) the land board's office and thereafter any sale or lease by the state of the lands affected by such right of way shall be subject thereto.

Sec. 88. RCW 79.01.408 and 1982 1st ex.s. c 21 s 174 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board shall have the power to grant to any person or corporation the right, privilege, and authority to perpetually back and hold water upon or over any state lands, and overflow such lands and inundate the same, whenever the ((~~commissioner~~)) land board shall deem it necessary for the purpose of erecting, constructing, maintaining, or operating any water power plant, reservoir, or works for impounding water for power purposes, irrigation, mining, or other public use, but no such rights shall be granted until the value of the lands to be overflowed and any damages to adjoining lands of the state, appraised as in the case of an application to purchase such lands, shall have been paid by the person or corporation seeking the grant, and if the construction or erection of any such water power plant, reservoir, or works for impounding water for the purposes heretofore specified, shall not be commenced and diligently prosecuted and completed within such time as the ((~~commissioner of public lands~~)) land board may prescribe at the time of the grant, the same may be forfeited by the ((~~commissioner of public lands~~)) land board by serving written notice of such forfeiture upon the person or corporation to whom the grant was made, but the ((~~commissioner~~)) land board, for good cause shown to ((~~his~~)) its satisfaction, may extend the time within which such work shall be completed.

Sec. 89. RCW 79.01.500 and 1988 c 202 s 59 and 1988 c 128 s 56 are each reenacted and amended to read as follows:

Any applicant to purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights or interests will be affected by such sale or lease, feeling himself or herself aggrieved by any order or decision of the land board ((~~of natural resources, or the commissioner of public lands~~)), concerning the same, may appeal therefrom to the superior court of the county in which such lands or materials are situated, by serving upon all parties who have appeared in the proceedings in which the order or decision was made, or their attorneys, a written notice of appeal, and filing such notice, with proof, or admission, of service, with the land board, ((~~or the commissioner,~~)) within thirty days from the date of the order or decision appealed from, and at the time of filing the notice, or within five days thereafter, filing a bond to the state, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the secretary of the board, ((~~or the commissioner,~~)) conditioned that the appellant shall pay all costs that may be awarded against him or her on appeal, or the dismissal thereof. Within thirty days after the filing of notice of appeal, the secretary of the board((~~, or the commissioner,~~)) shall certify, under official seal, a transcript of all entries in the records of the board, ((~~or the commissioner,~~)) together with all processes, pleadings and other papers relating to and on file in the case, except evidence used in such proceedings, and file such transcript and papers, at the expense of the applicant, with the clerk of the court to which the appeal is taken. The hearing and trial of said appeal in the superior court shall be de novo before the court, without a jury, upon the pleadings and papers so certified, but the court may order the pleadings to be amended, or new and further pleadings to be filed. Costs on appeal shall be awarded to the prevailing party as in actions commenced in the superior court, but no costs shall be awarded against the state((,)) or the land board((~~, or the commissioner~~)). Should judgment be rendered against the appellant, the costs shall be taxed against him or her and his or her sureties on the appeal bond, except when the state is the only adverse party, and shall be included in the judgment, upon which execution may issue as in other cases. Any party feeling himself or herself aggrieved by the judgment of the superior court may seek appellate review as in other civil cases. Unless appellate review of the judgment of the superior court is sought, the clerk of said court shall, on demand, certify, under his or her hand and the seal of the court, a true copy of the judgment, to the board, ((~~or the commissioner,~~)) which judgment shall thereupon have the same force and effect as if rendered by the board((~~, or the commissioner~~)). In all cases of appeals from orders or decisions of the ((~~commissioner of public lands~~)) land board involving the prior right to purchase tidelands of the first class, if the appeal be not prosecuted, heard and determined, within two years from the date of the appeal, the attorney general shall, after thirty days' notice to the appellant of his or her intention so to do, move the court for a dismissal of the appeal, but nothing herein shall be construed to prevent the dismissal of such appeal at any time in the manner provided by law.

Sec. 90. RCW 79.01.612 and 1993 c 49 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department of natural resources shall manage and control all lands acquired by the state by escheat or under chapter 79.66 RCW and all lands acquired by the state by deed of sale or gift or by devise, except such lands which are conveyed or devised to the state to be used for a particular purpose. The department shall lease the lands in the same manner as school lands. When the department determines to sell the lands, they shall be initially offered for sale either at public auction or direct sale to public agencies as provided in this chapter. If the lands are not sold at public auction, the department may, with approval of the land board ((~~of natural resources~~)), market the lands through persons licensed under chapter 18.85 RCW or through other commercially feasible means at a price not lower than the land's appraised value and pay necessary marketing costs from the sale proceeds. Necessary marketing costs includes reasonable costs associated with advertising the property and paying commissions. The proceeds of the lease or sale of all such lands shall be deposited into the appropriate fund in the state treasury in the manner prescribed by law, except if the grantor in any such deed or the testator in case of a devise specifies that the proceeds of the sale or lease of such lands be devoted to a particular purpose, such proceeds shall be so applied. The department may employ agents to rent any escheated, deeded, or devised lands, or lands acquired under chapter 79.66 RCW, for such rental and time and in such manner as the department directs, but the property shall not be rented by such agent for a longer period than one year and no tenant is entitled to compensation for any improvement which he or she makes on such property. The agent shall cause repairs to be made to the property as the department directs, and shall deduct the cost thereof, together with such compensation and commission as the department authorizes, from the rentals of such property and the remainder which is collected shall be transmitted monthly to the department of natural resources.

(2) When land is acquired by the state by escheat which because of its location or features may be suitable for park purposes, the department shall notify the state parks and recreation commission. The department and the commission shall jointly evaluate the land for its suitability for park purposes, based upon the features of the land and the need for park facilities in the vicinity. Where the department and commission determine that such land is suitable for park purposes, it shall be offered for transfer to the commission, or, in the event that the commission declines to accept the land, to the local jurisdiction providing park facilities in that area. When so offered, the payment required by the recipient agency shall not exceed the costs incurred by the department in managing and protecting the land since receipt by the state.

(3) The department may review lands acquired by escheat since January 1, 1983, for their suitability for park purposes, and apply the evaluation and transfer procedures authorized by subsection (2) of this section.

Sec. 91. RCW 79.01.628 and 1987 c 20 s 6 are each amended to read as follows:

Leases for prospecting purposes may be for a term of up to seven years from the date of the lease. The lessee shall pay an annual lease rental as set by the land board ((~~of natural resources~~)). The annual lease rental shall be paid in advance. The lessee shall not have the right to extract and remove for commercial sale or use from the leased premises any minerals or specified materials found on the premises except upon obtaining a mining contract. The lessee shall perform annual prospecting work in cost amounts as set by the land board ((~~of natural resources~~)). The lessee may make payment to the department in lieu of the performance of annual prospecting work for up to three years during the term of the lease. Prospecting work performed must contribute to the mineral evaluation of the leased premises.

The lessee may at any time give notice of intent to terminate the lease if all of the covenants of the lease including reclamation are met. The notice of termination of lease shall be made by giving written notice together with copies of all information obtained from the premises. The lease shall terminate sixty days thereafter if all arrears and sums which are due under the lease up to the time of termination have been paid.

Sec. 92. RCW 79.01.644 and 1987 c 20 s 12 are each amended to read as follows:

Mining contracts entered into as provided in chapter 79.01 RCW shall provide for the payment to the state of production royalties as set by the land board ((~~of natural resources~~)). A lessee shall pay in advance annually a minimum royalty which shall be set by the land board ((~~of natural resources~~)). The minimum royalty shall be allowed as a credit against production royalties due during the contract year.

Sec. 93. RCW 79.01.651 and 1987 c 20 s 15 are each amended to read as follows:

The department may issue permits for recreational mineral prospecting in designated areas containing noneconomic mineral deposits. The term of a permit shall not exceed one year. Designated areas, equipment allowed, methods of prospecting, as well as other appropriate permit conditions, shall be set in rules adopted by the department. Fees shall be set by the land board ((~~of natural resources~~)).

Sec. 94. RCW 79.01.652 and 1927 c 255 s 163 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board is authorized to execute option contracts and leases for the mining and extraction of coal from any public lands of the state, or to which it may hereafter acquire title, or from any lands sold or leased by the state the minerals of which have been reserved by the state.

Sec. 95. RCW 79.01.656 and 1927 c 255 s 164 are each amended to read as follows:

Any citizen of the United States believing coal to exist upon any of the lands described in the preceding section may apply to the ((~~commissioner of public lands~~)) land board for an option contract for any amount not exceeding one section for prospecting purposes, such application to be made by legal subdivision according to the public land surveys. The applicant shall pay to the ((~~commissioner of public lands~~)) land board, at the time of filing his or her application, the sum of one dollar an acre for the lands applied for, but in no case less than fifty dollars. In case of the refusal of the ((~~commissioner~~)) land board to execute an option contract for the lands, any remainder of the sum so paid, after deducting the expense incurred by the ((~~commissioner~~)) land board in investigating the character of the land, shall be returned to the applicant.

Sec. 96. RCW 79.01.660 and 1927 c 255 s 165 are each amended to read as follows:

Upon the filing of any such application, the ((~~commissioner of public lands~~)) land board shall forthwith investigate the character of the lands applied for, and if, from such investigation, ((he)) the land board deems it to the best interests of the state ((he)) it shall enter into an option contract with the applicant.

The holder of any option contract shall be entitled, during the period of one year from the date thereof, to enter upon the lands and carry on such work of exploration, examination and prospecting for coal as may be necessary to determine the presence of coal upon the lands and the feasibility of mining the same. ((He)) The holder shall have the right to use such timber found upon the lands and owned by the state as may be necessary for steam purposes and timbering in the examination and prospecting of such lands: PROVIDED, That this provision shall not be construed to require the state to withhold any such timber from sale. No coal shall be removed from such lands during the period of such option contract except for samples and testing. At the expiration of the option contract, the applicant shall fill or cover in a substantial manner all prospect holes and shafts, or surround the same with substantial fences, and shall file with the ((~~commissioner of public lands~~)) land board a report showing in detail the result of his or her investigation and prospecting.

Sec. 97. RCW 79.01.668 and 1985 c 459 s 1 are each amended to read as follows:

At any time during the life of the option contract, the holder thereof may apply to the ((~~commissioner of public lands~~)) land board for a coal mining lease of the lands included therein, or such portion thereof as he or she may specify, for the purpose of mining and extraction of coal therefrom. Such coal mining lease shall be for such term, not more than twenty years, and in such form as may be prescribed by the ((~~commissioner of public lands~~)) land board, shall entitle the lessee to mine and sell and dispose of all coal underlying said lands and to occupy and use so much of the surface thereof as may be necessary for bunkers and other outside works, and for railroads, buildings, appliances and appurtenances in connection with the mining operations. Such lease shall provide for the payment to the state of a royalty, according to the grade of coal, for each ton of two thousand pounds of merchantable coal taken from the lands, as follows: For lignite coal of the class commonly found in Lewis and Thurston counties, not less than ten cents per ton; for subbituminous coal, not less than fifteen cents per ton; for high grade bituminous and coking coals, not less than twenty cents per ton; but such lease shall provide for the payment each year of a minimum royalty of not less than one nor more than ten dollars an acre for the lands covered thereby: PROVIDED, That the ((~~commissioner of public lands~~)) land board may agree with the lessee that said minimum royalty shall be graduated for the different years of said lease so that a lower minimum royalty shall be paid during the earlier years of the term. The minimum royalty fixed in the lease shall be paid in advance each year, and the lessee, at stated periods during the term of the lease, fixed by the ((~~commissioner~~)) land board, shall furnish to the ((~~commissioner of public lands~~)) land board a written report under oath showing the amount of merchantable coal taken from the land during the period covered by such report and shall remit therewith such sum in excess of the minimum royalty theretofore paid for the current year as may be payable as royalty for the period covered by such report.

The ((~~commissioner~~)) land board shall incorporate in every lease such provisions and conditions not inconsistent with the provisions of this chapter and not inconsistent with good coal mining practice as ((he)) it shall deem necessary and proper for the protection of the state, and, in addition thereto, the ((~~commissioner~~)) land board shall be empowered to prescribe such rules and regulations, not inconsistent with this chapter and not inconsistent with good mining practice, governing the manner and methods of mining as in ((~~his~~)) its judgment are necessary and proper.

Sec. 98. RCW 79.01.672 and 1927 c 255 s 168 are each amended to read as follows:

In the case of lands known to contain workable coal, the ((~~commissioner~~)) land board may, in ((~~his~~)) its discretion, issue coal mining leases under the foregoing provisions although no option contract has been theretofore issued for such lands.

Sec. 99. RCW 79.01.676 and 1927 c 255 s 169 are each amended to read as follows:

The ((~~commissioner of public lands or any person designated by him~~)) department shall have the right at any time to enter upon the lands and inspect and examine the structures, works and mines situated thereon, and shall also have the right to examine such books, records and accounts of the lessee as are directly connected with the operation of the mine on the property under lease from the state; but it shall be unlawful for the ((~~commissioner or any person so appointed~~)) department to disclose any information thus obtained to any person other than the ((~~commissioner of public lands~~)) land board and ((~~his~~)) its employees, except the attorney general and prosecuting attorneys of the state.

Sec. 100. RCW 79.01.680 and 1927 c 255 s 170 are each amended to read as follows:

The state shall have the right to sell or otherwise dispose of any timber, stone or other valuable materials, except coal, found upon the land during the period covered by any option contract, or lease issued under the foregoing provisions, with the right to enter upon such lands and cut and remove the same, and shall not be obliged to withhold from sale any timber for coal mining or prospecting purposes: PROVIDED, That the lessee shall be permitted to use in his or her mining operations any timber found upon the land, first paying therefor to the ((~~commissioner of public lands~~)) land board the value thereof as fixed by ((~~said commissioner~~)) the land board: AND PROVIDED FURTHER, That any bill of sale for the removal of timber, stone or other material given subsequent to the coal lease shall contain provisions preventing any interference with the operations of the coal lease.

Sec. 101. RCW 79.01.684 and 1927 c 255 s 171 are each amended to read as follows:

Should the lessee for any reason, except strikes or inability to mine or dispose of ((~~his~~)) output without loss, suspend mining operations upon the lands included in ((~~his~~)) the lease, or upon any contiguous lands operated by ((~~him~~)) the lessee in connection therewith, for a period of six months, or should the lessee for any reason suspend mining operations upon the lands included in ((~~his~~)) the lease or in such contiguous lands for a period of twelve months, the ((~~commissioner of public lands~~)) land board may, at ((~~his~~)) its option, cancel the lease, first giving thirty days' notice in writing to the lessee.

The lessee shall have the right to terminate the lease after thirty days' written notice to the ((~~commissioner of public lands~~)) land board and the payment of all royalties and rentals then due.

Sec. 102. RCW 79.01.692 and 1927 c 255 s 173 are each amended to read as follows:

If at the expiration of any lease for the mining and extraction of coal or any renewal thereof the lessee desires to re-lease the lands covered thereby, ((he)) the lessee may make application to the ((~~commissioner of public lands~~)) land board for a re-lease. Such application shall be in writing and under oath, setting forth the extent, character and value of all improvements, development work and structures existing upon the land. The ((~~commissioner of public lands~~)) land board may on the filing of such application cause the lands to be inspected, and if ((he)) the land board deems it for the best interests of the state to re-lease said lands, ((he)) it shall fix the royalties for the ensuing term in accordance with the foregoing provisions relating to original leases, and issue to the applicant a renewal lease for a further term; such application for a release when received from the lessee, or successor of any lessee, who has in good faith developed and improved the property in a substantial manner during his or her original lease to be given preference on equal terms against the application of any new applicant.

Sec. 103. RCW 79.01.704 and 1989 c 373 s 26 are each amended to read as follows:

In all hearings pertaining to public lands of the state, as provided by this chapter, the land board ((~~of natural resources, or the commissioner of public lands, as the case may be,~~)) shall, in its ((~~or his~~)) discretion have power to issue subpoenas and compel thereby the attendance of witnesses and the production of books and papers, at such time and place as may be fixed by the board((~~, or the commissioner,~~)) to be stated in the subpoena and to conduct the examination thereof.

The subpoena may be served by the sheriff of any county, or by any officer authorized by law to serve process, or by any person eighteen years of age or over, competent to be a witness, but who is not a party to the matter in which the subpoena is issued.

Each witness subpoenaed by the board((~~, or commissioner,~~)) as a witness on behalf of the state, shall be allowed the same fees and mileage as provided by law to be paid witnesses in courts of record in this state, said fees and mileage to be paid by warrants on the general fund from the appropriation for the office of the ((~~commissioner of public lands~~)) land board.

Any person duly served with a subpoena who fails to obey the same, without legal excuse, shall be considered in contempt. The land board((~~, or commissioner,~~)) shall certify the facts thereof to the superior court of the county in which such witness may reside for contempt of court proceedings as provided in chapter 7.21 RCW. The certificate of the board((~~, or commissioner,~~)) shall be considered by the court as prima facie evidence of the contempt.

Sec. 104. RCW 79.01.708 and 1988 c 128 s 57 are each amended to read as follows:

All maps, plats and field notes of surveys, required to be made by this chapter shall, after approval by the department of natural resources((~~, or the commissioner of public lands, as the case may be,~~)) be deposited and filed in the office of the ((~~commissioner of public lands~~)) land board, who shall keep a careful and complete record and index of all maps, plats and field notes of surveys in ((~~his~~)) its possession, in well bound books, which shall at all times be open to public inspection.

Sec. 105. RCW 79.01.712 and 1988 c 128 s 58 are each amended to read as follows:

All notices, orders, contracts, certificates, rules and regulations, or other documents or papers made and issued by or on behalf of the department of natural resources((~~, or the commissioner of public lands,~~)) as provided in this chapter, shall be authenticated by a seal whereon shall be the vignette of George Washington, with the words "Seal of the ((~~commissioner of public lands~~)) land board, State of Washington."

Sec. 106. RCW 79.01.720 and 1979 ex.s. c 109 s 18 are each amended to read as follows:

The ((~~commissioner of public lands~~)) department of natural resources for services performed by ((~~him~~)) it, may charge and collect fees as determined by the land board ((~~of natural resources~~)) for each category of services performed based on costs incurred.

Sec. 107. RCW 79.01.732 and 1927 c 255 s 193 are each amended to read as follows:

The ((~~commissioner of public lands~~)) land board is authorized and directed to appear before the United States land offices in all cases involving the validity of the selections of any lands granted to the state, and to summon witnesses and pay necessary witness fees and stenographer fees in such contested cases.

Sec. 108. RCW 79.01.736 and 1959 c 257 s 40 are each amended to read as follows:

It shall be the duty of the attorney general, to institute, or defend, any action or proceeding to which the state((~~, or the commissioner of public lands,~~)) or the land board ((~~of natural resources~~)), is or may be a party, or in which the interests of the state are involved, in any court of this state, or any other state, or of the United States, or in any department of the United States, or before any board or tribunal, when requested so to do by ((~~the commissioner of public lands, or~~)) the land board ((~~of natural resources~~)), or upon his or her own initiative.

The ((~~commissioner of public lands~~)) land board is authorized to represent the state in any such action or proceeding relating to any public lands of the state.

Sec. 109. RCW 79.01.744 and 1987 c 505 s 76 are each amended to read as follows:

(1) It shall be the duty of the ((~~commissioner of public lands~~)) land board to report, and recommend, to each session of the legislature, any changes in the law relating to the methods of handling the public lands of the state that ((he)) it may deem advisable.

(2) The ((~~commissioner of public lands~~)) land board shall provide a comprehensive biennial report to reflect the previous fiscal period. The report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, the adopted sustainable harvest compared to the sales program, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resources managed and the recreational and commercial utilization. The report shall be given to the chairs of the house and senate committees on ways and means and the house and senate committees on natural resources, including one copy to the staff of each of the committees, and shall be made available to the public.

Sec. 110. RCW 79.01.778 and 1971 ex.s. c 200 s 4 are each amended to read as follows:

In those cases where the purchases, as authorized by RCW 79.01.770 and 79.01.774, have been made on a ten year contract, the land board ((~~of natural resources,~~)) if it deems it in the best interest of the state, may extend the term of any such contract to not to exceed an additional ten years under such terms and conditions as the land board may determine.

Sec. 111. RCW 79.01.780 and 1971 ex.s. c 200 s 5 are each amended to read as follows:

Notwithstanding any other provisions of law, annually the land board ((~~of natural resources~~)) shall determine if lands purchased or leased by school districts or institutions of higher education under the provisions of RCW 79.01.096 and 79.01.770 are being used for school sites. If such land has not been used for school sites for a period of seven years, the title to such land shall revert to the original trust for which it was held.

NEW SECTION. Sec. 112. The following acts or parts of acts are each repealed:

(1) RCW 43.12.010 and 1965 c 8 s 43.12.010;

(2) RCW 43.30.050 and 1965 c 8 s 43.30.050;

(3) RCW 43.30.060 and 1965 c 8 s 43.30.060;

(4) RCW 79.01.056 and 1927 c 255 s 14; and

(5) RCW 79.01.724 and 1979 ex.s. c 109 s 19 & 1927 c 255 s 191.

NEW SECTION. Sec. 113. The staff of the appropriate house of representatives and senate committees shall work with the code reviser to identify additional statutory changes necessary to substitute the land board for the board of natural resources and the commissioner of public lands. The committee staff shall report to the legislature on necessary changes by December 1, 1996, for consideration by the legislature during the 1997 legislative session.

NEW SECTION. Sec. 114. RCW 43.12.045 is recodified in chapter 43.30 RCW.

NEW SECTION. Sec. 115. Sections 1 through 112 of this act shall take effect July 1, 1997.