READ FIRST TIME 03/05/03.   

     AN ACT Relating to the creation of the legacy trust for recreation and conservation; amending RCW 79.01.612; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that during the 2003 legislative session, the commissioner of public lands brought forward the idea of the creation of a legacy trust in the form of House Bill No. 1803 and Senate Bill No. 5750. The legacy trust was proposed to serve as a new land trust, managed by the department of natural resources, the revenue from which would be dedicated to supporting recreational access and use on state-owned lands.
     (2) The legislature concurs with the commissioner of public lands that the demand for the use and enjoyment of public lands is extensive and growing and that the quality of recreational experiences, safety to the public, upkeep of trails and facilities, and protection of land from ecological impacts may be in jeopardy.
     (3) The legislature further finds that the ideas brought forward by the commissioner of public lands, as well as other ideas for achieving similar goals, deserves the attention of select legislators in the interim between the 2003 and 2004 legislative sessions.

NEW SECTION.  Sec. 2   (1) A joint select committee on the legacy trust proposal is established to consider, study, and review the legacy trust proposal brought forward by the commissioner of public lands for establishing a stable, long-term revenue source to support recreational access and use on state-owned lands, and to consider any alternate methods to achieve the same goals. One alternative for the committee to research is any options available for obtaining federal forest land located in Washington to be used as part of the legacy trust's land base.
     (2) The membership of the joint select committee consists of:
     (a) One member from each caucus of the house of representatives, selected by the speaker of the house or representatives, from the membership of the agriculture and natural resources committee;
     (b) One member from each caucus of the house of representatives, selected by the speaker of the house of representatives, from the membership of the capital budget committee;
     (c) One member from each caucus of the senate, selected by the president of the senate, from the membership of the parks, fish, and wildlife committee;
     (d) One member from each caucus of the senate, selected by the president of the senate, from the membership of the ways and means committee.
     (3) The staff for the committee will be provided by the office of program research and senate committee services.
     (4) The committee will report to the legislature by December 31, 2003, with its recommendations in the form of draft legislation.

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.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act expire July 1, 2004.