SENATE BILL REPORT

SB 6298

BYSenators Zimmerman, Williams and Bluechel; by request of Community Development

Clarifying the ownership of abandoned property on submerged lands over which the state has sovereignty.

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)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 4, 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.

EFFECT OF PROPOSED SUBSTITUTE:

The concept of the proposed substitute remains the same as the original bill.  There are, however, three major distinctions in the proposed substitute:  (1) The permit/contract process is clarified, (2) the amount of proceeds due the state and the divers from salvage operations are specified, and (3) the parameters for negotiating contracts for the salvage of shipwrecks and of aircraft on state-owned aquatic lands are set forth.

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.