1803-S AMH LINV CALL 11

SHB 1803 - H AMD 0244 ADOPTED 3-17-03

By Representative Linville

   On page 2, after line 25, insert the following:

   "Sec. 3. RCW 79.01.612 and 1993 c 49 s 1 are each amended to read as follows:

     (1) Except as provided in subsections (2) and (4) 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 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 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.

   (4)(a) Any land that is acquired by the state between the effective date of this act and June 30, 2004, either by gift, escheat, devise, or grant, that is not conveyed for a particular purpose, may be held by the department separate from any existing land trusts.

   (b) If by June 30, 2004, the legislature establishes the legacy trust pursuant to sections 1 and 2 of this act, or any other land trust designed to provide financial support for the management of public recreational access and use on state-owned lands, then any land held pursuant to this subsection shall be transferred to the new land trust and managed pursuant to legislative direction.

   (c) If by June 30, 2004, the legislature does not create a new land trust, any land held pursuant to this subsection must be managed in accordance with subsections 1 and 2 of this section."

   On page 2, line 26, after "Sec. 3." strike all material through "2004." and insert "Sections 1 through 3 of this act expires on July 1, 2004."

   Correct the title and renumber the sections accordingly.

EFFECT: Authorizes the Department of Natural Resources to hold any gifted lands separate from any existing trusts until the Legacy Trust is created or until June 30, 2004.