BILL REQ. #:  S-1552.1 

Read first time 02/16/2005.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to requiring legislative approval for disposal, conveyance, or transfer of property to instrumentalities of the United States for less than full market value; and amending RCW 77.12.210 and 77.12.220.

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

Sec. 1   RCW 77.12.210 and 2000 c 107 s 218 are each amended to read as follows:
     The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.
     The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights of way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife fund: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest. Disposal of property held by the department to instrumentalities of the United States for less than full market value is subject to legislative approval.
     If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     Proceeds from the sales shall be deposited in the state wildlife fund.

Sec. 2   RCW 77.12.220 and 2000 c 107 s 219 are each amended to read as follows:
     For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, transfer or conveyance of property held by the state to instrumentalities of the United States for less than full market value is subject to legislative approval. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.
     If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.