BILL REQ. #:  S-0555.1 

Read first time 01/21/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to disposal of lands by natural resource agencies; amending RCW 79.64.030, 79A.05.215, and 77.12.170; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public's interest.

NEW SECTION.  Sec. 2   (1) The department of natural resources established in chapter 43.30 RCW, the department of fish and wildlife established in chapter 43.300 RCW, and the parks and recreation commission established in chapter 79A.05 RCW must identify and list property that is no longer required for their departmental purposes.
     (2) By November 1, 2012, the agencies listed in subsection (1) of this section must sell the property identified that is no longer required for departmental purposes.
     (3) Unless otherwise provided, all moneys received pursuant to the provisions of this section, less any real estate transaction fees, must be deposited in the appropriate agency accounts to be used for maintenance and operation of department lands.

Sec. 3   RCW 79.64.030 and 2003 c 334 s 521 are each amended to read as follows:
     (1) Funds in the resource management cost account from the moneys received from leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting school lands, university lands, scientific school lands, normal school lands, capitol building lands, or institutional lands shall be pooled and expended by the department solely for the purpose of defraying the costs and expenses necessarily incurred in managing and administering all of the trust lands enumerated in this section. Such funds may be used for similar costs and expenses in managing and administering other lands managed by the department provided that such expenditures that have been or may be made on such other lands shall be repaid to the resource management cost account together with interest at a rate determined by the board.
     (2) Moneys collected from the sale of land in section 2 of this act must be dedicated to operations and maintenance of department lands.
     (3) Costs and expenses necessarily incurred in managing and administering agricultural college lands shall not be deducted from proceeds received from the sale of such lands or from the sale of resources that are part of the lands. Costs and expenses incurred in managing and administering agricultural college trust lands shall be funded by appropriation under RCW 79.64.090.
     (4) An accounting shall be made annually of the accrued expenditures from the pooled trust funds in the account. In the event the accounting determines that expenditures have been made from moneys received from trust lands for the benefit of other lands, such expenditure shall be considered a debt and an encumbrance against the property benefitted, including state forest lands. The results of the accounting shall be reported to the legislature at the next regular session. The state treasurer is authorized, upon request of the department, to transfer funds between the forest development account and the resource management cost account solely for purpose of repaying loans pursuant to this section.

Sec. 4   RCW 79A.05.215 and 2010 c 161 s 1164 are each amended to read as follows:
     The state parks renewal and stewardship account is created in the state treasury. Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, donations collected under RCW 46.16A.090(3), and other state park-based activities shall be deposited into the account. Moneys collected from the sale of land in section 2 of this act must be dedicated to operations and maintenance of commission lands. Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation by the legislature.

Sec. 5   RCW 77.12.170 and 2009 c 333 s 13 are each amended to read as follows:
     (1) There is established in the state treasury the state wildlife account which consists of moneys received from:
     (a) Rentals or concessions of the department;
     (b) The sale of real or personal property held for department purposes, unless the property is seized or recovered through a fish, shellfish, or wildlife enforcement action. Moneys collected from the sale of land in section 2 of this act must be dedicated to operations and maintenance of department lands;
     (c) The assessment of administrative penalties, and the sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and shellfish licenses, which shall be deposited into the state general fund;
     (d) Fees for informational materials published by the department;
     (e) Fees for personalized vehicle, Wild on Washington, and Endangered Wildlife license plates and Washington's Wildlife license plate collection as provided in chapter ((46.16)) 46.17 RCW;
     (f) Articles or wildlife sold by the director under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320. However, this excludes fish and shellfish overages, and court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action, as such moneys must be deposited pursuant to RCW 77.15.425;
     (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
     (i) The department's share of revenues from auctions and raffles authorized by the commission; and
     (j) The sale of watchable wildlife decals under RCW 77.32.560.
     (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife account.