Z-1633               _______________________________________________


                                                   HOUSE BILL NO. 2310



                                                                            C 047 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Representatives H. Sommers, Schoon and Rasmussen; by request of State Treasurer



Read first time 1/9/90 and referred to Committee on Capital Facilities & Financing.



AN ACT Relating to financing contracts; and amending RCW 43.82.010, 84.36.010, and 39.94.020.




        Sec. 1.  Section 43.82.010, chapter 8, Laws of 1965 as last amended by section 20, chapter 36, Laws of 1988 and RCW 43.82.010 are each amended to read as follows:

          (1) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate.  This section does not transfer financial liability for the acquired property to the department of general administration.

          (2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.

          (3) The director is authorized to purchase, lease, rent, or  otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies.  The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.

          (4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds:  PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars.  Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.

          (5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.

          (6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his management.

          (7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.

          (8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.

          (9) This section does not apply to the acquisition of real estate by:

          (a) The state college and universities for research or experimental purposes;

          (b) The state liquor control board for liquor stores and warehouses; and

          (c) The department of natural resources, the department of fisheries, the department of wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.

          (10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.


        Sec. 2.  Section 1, chapter 34, Laws of 1969 as amended by section 1, chapter 260, Laws of 1971 ex. sess. and RCW 84.36.010 are each amended to read as follows:

          All property belonging exclusively to the United States, the state, any county or municipal corporation, and all property under a financing contract pursuant to chapter 39.94 RCW or recorded agreement granting immediate possession and use to said public bodies or under an order of immediate possession and use pursuant to RCW 8.04.090, shall be exempt from taxation.  All property belonging exclusively to a foreign national government shall be exempt from taxation if such property is used exclusively as an office or residence for a consul or other official representative of such foreign national government, and if the consul or other official representative is a citizen of such foreign nation.


        Sec. 3.  Section 2, chapter 356, Laws of 1989 and RCW 39.94.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Credit enhancement" includes insurance, letters of credit, lines of credit, or other similar agreements which enhance the security for the payment of the state's obligations under financing contracts.

          (2) "Financing contract" means any contract entered into by the state which provides for the use and purchase of real or personal property by the state and provides for payment by the state over a term of more than one year, and which provides that title to the subject property shall((, upon exercise of an option,)) secure performance of the state or transfer to the state by the end of the term, upon exercise of an option, for a nominal amount or for a price determined without reference to fair market value ((upon the termination of the contract)).  Financing contracts shall include, but not be limited to, conditional sales contracts, financing leases, lease purchase contracts, or refinancing contracts, but shall not include operating or true leases.  For purposes of this chapter, the term "financing contract" shall not include any nonrecourse financing contract or other obligation payable only from money or other property received from private sources and not payable from any public money or property.  The term "financing contract" shall include a "master financing contract."

          (3) "Master financing contract" means a financing contract which provides for the use and purchase of property by the state, and which may include more than one financing contract and appropriation.

          (4) "State" means the state, agency, department, or instrumentality of the state, the state board for community college education, and any state institution of higher education.

          (5) "State finance committee" means the state finance committee under chapter 43.33 RCW.

          (6) "Trustee" means a bank or trust company, within or without the state, authorized by law to exercise trust powers.

                                                                                                                        Passed the House February 9, 1990.


                                                                                                                                         Speaker of the House.


                                                                                                                      Passed the Senate February 28, 1990.


                                                                                                                                       President of the Senate.