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SUBSTITUTE HOUSE BILL 2720
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AS AMENDED BY THE SENATE
Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
Read first time 02/02/96.
Allowing consortiums of counties to
acquire correctional facilities.
AN ACT Relating to
consortiums of counties formed for the purpose of acquiring correctional
facilities; amending RCW 79.01.006; and adding a new section to chapter 43.17
RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 79.01.006 and 1991 c
204 s 1 are each amended to read as follows:
(1) Every five years
the department of social and health services and other state agencies that
operate institutions shall conduct an inventory of all real property subject to
the charitable, educational, penal, and reformatory institution account and
other real property acquired for institutional purposes or for the benefit of
the blind, deaf, mentally ill, developmentally disabled, or otherwise
disabled. The inventory shall identify which of those real properties are not
needed for state-provided residential care, custody, or treatment. By December
1, 1992, and every five years thereafter the department shall report the
results of the inventory to the house of representatives committee on capital
facilities and financing, the senate committee on ways and means, and the
legislative budget committee.
(2) Real property
identified as not needed for state-provided residential care, custody, or
treatment shall be transferred to the corpus of the charitable, educational,
penal, and reformatory institution account. This subsection shall not apply to
leases of real property to a consortium of three or more counties in order for
the counties to construct or otherwise acquire correctional facilities for
juveniles or adults or to real property subject to binding conditions that
conflict with the other provisions of this subsection.
(3) The department of
natural resources shall manage all property subject to the charitable,
educational, penal, and reformatory institution account and, in consultation
with the department of social and health services and other affected agencies,
shall adopt a plan for the management of real property subject to the account
and other real property acquired for institutional purposes or for the benefit
of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled.
(a) The plan shall be
consistent with state trust land policies and shall be compatible with the
needs of institutions adjacent to real property subject to the plan.
(b) The plan may be
modified as necessary to ensure the quality of future management and to address
the acquisition of additional real property.
NEW SECTION. Sec.
2. A new section is added
to chapter 43.17 RCW to read as follows:
(1) The department of
social and health services and other state agencies may lease real property and
improvements thereon to a consortium of three or more counties in order for the
counties to construct or otherwise acquire correctional facilities for
juveniles or adults.
(2) A lease governed by
subsection (1) of this section shall not charge more than one dollar per year
for the land value and facilities value, during the initial term of the lease,
but the lease may include provisions for payment of any reasonable operation
and maintenance expenses incurred by the state.
The initial term of a
lease governed by subsection (1) of this section shall not exceed twenty
years. A lease renewed under subsection (1) of this section after the initial
term shall charge the fair rental value for the land and facilities, and may
include provisions for payment of any reasonable operation and maintenance
expenses incurred by the state. For the purposes of this subsection, fair
rental value shall be determined by the commissioner of public lands in
consultation with the department.
(3) The
net proceeds generated from any lease entered or renewed under subsection (1)
of this section involving land and facilities on the grounds of eastern state
hospital shall be used solely for the benefit of eastern state hospital
programs for the long-term care needs of patients with mental disorders. These
proceeds shall not supplant or replace funding from traditional sources for the
normal operations and maintenance or capital budget projects. It is the intent
of this subsection to ensure that eastern state hospital receives the full
benefit intended by this section, and that such effect will not be diminished
by budget adjustments inconsistent with this intent.
