State of Washington                               51st Legislature                              1990 Regular Session


By Senators Wojahn, Vognild, Warnke, Bauer, Rasmussen, McDonald, West, Madsen, Talmadge, Fleming, Lee, Sellar, Smith, Johnson, Niemi, Craswell, Owen, Williams, Cantu, Saling, Newhouse and Moore



Read first time 3/21/90.  Under suspension of rules placed on second reading calendar.



WHEREAS, Article XIII of the Washington Constitution guarantees that the state will foster and support institutions "for the benefit of youth who are blind or deaf or otherwise disabled" and "for persons who are mentally ill or developmentally disabled"; and

          WHEREAS, Article XVI of the Washington Constitution provides that all public lands granted to the state are held in trust for all the people of the state and shall not be disposed of except for the full market value of the estate or interest disposed of; and

          WHEREAS, The Territory of Washington and the State of Washington have received, purchased, or otherwise acquired lands at various times dedicated to the support of the mentally ill or developmentally disabled totaling many thousands of acres, from the United States and from private citizens and other sources; and

          WHEREAS, The title and uses of some of these lands is currently in dispute and under threat of costly litigation; and

          WHEREAS, Many of these lands have not always been managed in the best interests of the mentally ill or developmentally disabled and the full income potential of these lands has not always been directed toward the care of the mentally ill and developmentally disabled; and

          WHEREAS, The lands are managed by different state agencies; and

          WHEREAS, Many of the lands used for institutional purposes are now considered surplus in whole or part; and

          WHEREAS, The state is now funding community-based services for the mentally ill and developmentally disabled;

          NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the Senate Health and Long-Term Care and Ways and Means Committees and the House Appropriations and Human Services Committees shall develop a legislative proposal for the 1991 session that provides for the management of lands devoted to the care of the mentally ill and the developmentally disabled consistent with constitutional and trust law requirements, and for the dedication of secure income streams for their care in the community; and

          BE IT FURTHER RESOLVED, That the proposal shall include creation of a separate trust containing all lands dedicated to the mentally ill or developmentally disabled that are now surplus or become surplus in the future and all surplus lands that shall be identified on a regular basis, and that all the income from this trust shall be dedicated to the care of the mentally ill and developmentally disabled in the community.