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ENGROSSED SUBSTITUTE SENATE BILL 6152
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State of Washington 55th Legislature 1998 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senator Swecker; by request of Parks and Recreation Commission)
Read first time 02/05/98.
AN ACT Relating to state park lands; and amending RCW 43.51.210 43.51.215, and 43.84.092.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.51.210 and 1984 c 87 s 2 are each amended to read as follows:
Whenever the state parks and recreation commission finds that any
land under its control cannot advantageously be used for park purposes, it is
authorized to dispose of such land. If such lands are school or other grant
lands, control thereof shall be relinquished by resolution of the commission to
the proper state officials. If such lands were acquired under restrictive
conveyances by which the state may hold them only so long as they are used for
park purposes, they may be returned to the donor or grantors by the
commission. All other such lands may be either sold by the commission to the
highest bidder or exchanged for other lands of equal value by the commission,
and all conveyance documents shall be executed by the governor. All such
exchanges shall be accompanied by a transfer fee, to be set by the commission
and paid by the other party to the transfer; such fee shall be paid into the
parkland acquisition account established under RCW 43.51.200. Sealed bids on
all sales shall be solicited at least twenty days in advance of the sale date
by an advertisement appearing at least in three consecutive issues of a
newspaper of general circulation in the county in which the land to be sold is
located. If the commission feels that no bid received adequately reflects the
fair value of the land to be sold, it may reject all bids, and may call for new
bids. All proceeds derived from the sale of such park property shall be paid
into the ((state general fund)) park land acquisition account.
All land considered for exchange shall be evaluated by the commission to
determine its adaptability to park usage. The equal value of all lands
exchanged shall first be determined by the appraisals to the satisfaction of
the commission: PROVIDED, That no sale or exchange of state park lands shall
be made without the unanimous consent of the commission.
Sec. 2. RCW 43.51.215 and 1975 1st ex.s. c 107 s 1 are each amended to read as follows:
((At
least ten days but not more than twenty-five days)) Before the
director of parks and recreation presents a proposed exchange to the parks and
recreation commission involving an exchange of state land pursuant to this
chapter, the director shall hold a public hearing on the proposal in the county
where the state lands or the greatest proportion thereof is located. Ten days
but not more than twenty-five days prior to such hearing, the director shall
publish a paid public notice of reasonable size in display advertising form,
setting forth the date, time, and place of the hearing, at least once in one or
more daily newspapers of general circulation in the county and at least once in
one or more weekly newspapers circulated in the area where the state owned land
is located. A news release pertaining to the hearing shall be disseminated
among printed and electronic media in the area where the state land is
located. The public notice and news release also shall identify lands involved
in the proposed exchange and describe the purposes of the exchange and proposed
use of the lands involved. A summary of the testimony presented at the
hearings shall be prepared for the commission's consideration when reviewing
the director's exchange proposal. If there is a failure to substantially
comply with the procedures set forth in this section, then the exchange
agreement shall be subject to being declared invalid by a court. Any such suit
must be brought within one year from the date of the exchange agreement.
Sec. 3. RCW 43.84.092 and 1997 c 218 s 5 are each amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the park land acquisition account, the perpetual surveillance and maintenance account, the public employees' retirement system plan I account, the public employees' retirement system plan II account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan I account, the teachers' retirement system plan II account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' relief and pension principal account, the volunteer fire fighters' relief and pension administrative account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan I retirement account, the Washington law enforcement officers' and fire fighters' system plan II retirement account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the central Puget Sound public transportation account, the city hardship assistance account, the county arterial preservation account, the department of licensing services account, the economic development account, the essential rail assistance account, the essential rail banking account, the ferry bond retirement fund, the gasohol exemption holding account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway construction stabilization account, the highway safety account, the marine operating fund, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the small city account, the special category C account, the state patrol highway account, the transfer relief account, the transportation capital facilities account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation revolving loan account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
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