BILL REQ. #:  H-3454.2 

Read first time 01/12/2006.   Referred to Committee on Capital Budget.

     AN ACT Relating to the transfer of certain real property and facilities acquired, constructed, or improved using Referendum 29 or 37 bonds; and adding a new section to chapter 43.20A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.20A RCW to read as follows:
     (1) Public bodies, as defined in RCW 43.99C.020, may transfer real property and facilities acquired, constructed, or otherwise improved under chapter 43.99C RCW to nonprofit corporations organized to provide services for individuals with sensory, physical, or mental handicaps. The nonprofit corporation shall use the real property and facilities for the purpose of providing the following limited programs as designated by the department: Nonprofit group training homes, community centers, close to home living units, sheltered workshops, vocational rehabilitation centers, developmental disability training centers, and community homes for the mentally ill.
     (2) Public bodies, as defined in RCW 43.83D.050, may transfer real property and facilities acquired, constructed, or otherwise improved under chapter 43.83D RCW to nonprofit corporations organized to provide individuals with social and health services. The nonprofit corporation shall use the real property and facilities for the purpose of providing the following programs as designated by the department: Facilities for social services, adult and juvenile correction or detention, child welfare, day care, drug abuse and alcoholism treatment, mental health, public health, developmental disabilities, and vocational rehabilitation.
     (3) The deed transferring the property in subsections (1) and (2) of this section must provide for reversion back to the public body if the nonprofit corporation is found to be out of compliance with this section.
     (4) The nonprofit corporation is authorized to sell the property transferred to it in subsections (1) and (2) of this section provided that: (a) Any such sale must be subject to prior written approval by the department; (b) all proceeds from such a sale must be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility; (c) any new facility or facilities must be used for the purposes stated in subsections (1) and (2) of this section; (d) the new facility or facilities must be available for use within one year of sale; and (e) the reversion language in subsection (3) of this section applies to the new facility or facilities.
     (5) In the event the nonprofit corporation is found to be out of compliance with this section, the real property and facilities revert to the public body. The public body shall then determine if the assets can be used by another program as designated by the department. Such programs shall have priority in obtaining the assets to ensure the purposes specified in chapters 43.99C and 43.83D RCW are carried out.