SENATE BILL REPORT

SSB 6298

BYSenate Committee on Governmental Operations (originally sponsored by Senators Zimmerman, Williams and Bluechel; by request of Community Development)

Revising provisions on abandoned property with historical value.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 26, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6298 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; Garrett, Halsan, Metcalf.

Senate Staff:Desley Brooks (786-7443)

                  March 7, 1988

AS PASSED SENATE, FEBRUARY 12, 1988

BACKGROUND:

Legally the state's interest in historic artifacts ends at the water's edge.  The only way the state's interest in artifacts in submerged state land is recognized is through negotiation and/or court action based on case law.

It has been suggested that the state has an interest in preserving objects with historic value and in being able to license and supervise underwater salvage attempts at sites.

SUMMARY:

Historic shipwrecks and underwater artifacts shall be managed by the Department of Community Development.  The Department shall establish rules which will protect the historic value and environmental integrity of the historical shipwrecks and archaeological properties, while allowing for public and private sector recovery of abandoned shipwrecks and submerged archaeological properties.

All treasure trove, artifacts, and objects of historic value that have been abandoned for more than 30 years on submerged state land belong to the State of Washington.  Prior to the removal of any of these items, a permit must be obtained from the Department of Community Development.

The division of proceeds from salvage operations for the recovery of shipwrecks shall be 10 percent to the state and 90 percent to the salvor.  All of the state's share of the proceeds shall go to historic underwater archaeology.  The state does not claim any proceeds from aircraft; title for aircraft can only be released to a museum or nonprofit agency.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Department of Community Development, the Department of Natural Resources, and representatives of the diving industry have agreed to the proposed substitute.

HOUSE AMENDMENTS:

The Department of Natural Resources may enter into agreements and contracts for underwater archaeological activity after consultation with the Department of Community Development.

The salvor's share of a shipwreck may be in the form of objects from the wreck, or cash proceeds, or both.

Any state proceeds from archaeological resources shall be deposited into the general fund.  Fees assessed by the Department of Natural Resources shall not be a part of the state's potential 10 percent share.