AN
ACT Relating to eliminating the pooling of the resource management cost account
and removing reference to agricultural college lands; amending RCW 79.64.020,
79.64.030, 79.64.040, and 79.01.136; adding a new section to chapter 79.64 RCW;
providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
79.64.020 and 1993 c 460 s 1 are each amended to read as follows:
A
resource management cost account in the state treasury is hereby created to be
used solely for the purpose of defraying the costs and expenses necessarily
incurred by the department in managing and administering public lands and the
making and administering of leases, sales, contracts, licenses, permits,
easements, and rights of way on or with respect to such lands as
authorized under the provisions of this title. Appropriations from the account
to the department shall be expended for no other purposes. The resource
management cost account may receive and accept funds that are to be used for
such purposes from any source. Funds in the account produced by a
trust may be appropriated or transferred by the legislature only for
the benefit of ((all of)) the ((trusts from which the funds were derived))
trust.
Sec.
2. RCW
79.64.030 and 1993 c 460 s 2 are each amended to read as follows:
Funds
in the account derived from the gross proceeds of leases, sales, contracts,
licenses, permits, easements, and rights of way issued by the department and
affecting school lands, university lands, ((agricultural college 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)) state lands of the same trust. 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 of natural resources.
Costs
and expenses necessarily incurred in managing and administering agricultural
college lands shall not be deducted from proceeds derived from the sale of
agricultural college lands including the sale of resources that are part of
those lands. The department shall use funds provided under section 3 of this
act for the management and administration of agricultural college lands.
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 derived from trust lands for the
benefit of another trust or other lands, such expenditure shall be
considered a debt and an encumbrance against the property or trust funds
benefited, including property held under chapter 76.12 RCW. 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.
NEW
SECTION. Sec. 3. A
new section is added to chapter 79.64 RCW to read as follows:
(1)
No part of the gross proceeds from leases, sales, contracts, licenses, permits,
easements, and rights of way on or relating to the agricultural college lands
may be used to defray costs or expenses incurred in managing and administering
the lands, and all such gross proceeds shall be made available to the
beneficiary of the agricultural college lands.
(2)
The board shall determine the amount necessary in order to achieve the purposes
of this chapter for the agricultural college lands. The department shall bill
the state of Washington for this amount. The billing authorized under this
section shall in no event exceed twenty-two percent of the gross proceeds
received by the beneficiary under subsection (1) of this section.
(3)
The state of Washington shall pay the department for administering and managing
the agricultural college lands. The state may choose the fund source to use to
pay this cost, provided that the funds represent moneys from the treasury of
the state. The state may not pay this cost using proceeds received by the
beneficiary under subsection (1) of this section.
(4) The department shall deposit the moneys received from the state
for the management and administration of the agricultural college lands into
the account.
Sec.
4. RCW
79.64.040 and 1981 2nd ex.s. c 4 s 3 are each amended to read as follows:
Except
as provided in section 3 of this act, the board shall determine the amount
deemed necessary in order to achieve the purposes of this chapter and shall
provide by rule for the deduction of this amount from the gross proceeds of all
leases, sales, contracts, licenses, permits, easements, and rights of way
issued by the department and affecting public lands. Moneys received as
deposits from successful bidders, advance payments, and security under RCW
79.01.132 and 79.01.204 prior to December 1, 1981, which have not been
subjected to deduction under this section are not subject to deduction under
this section. The deductions authorized under this section shall in no event
exceed twenty-five percent of the total sum received by the department in
connection with any one transaction pertaining to public lands other than
second class tide and shore lands and the beds of navigable waters, and fifty
percent of the total gross proceeds received by the department pertaining to
second class tide and shore lands and the beds of navigable waters.
Sec.
5. RCW
79.01.136 and 1979 ex.s. c 109 s 5 are each amended to read as follows:
Before
any state lands are offered for sale, or lease, or are assigned, the department
of natural resources may establish the fair market value of those authorized
improvements not owned by the state. In the event that agreement cannot be
reached between the state and the lessee on the fair market value, such
valuation shall be submitted to a review board of appraisers. The board shall
be as follows: One member to be selected by the lessee and his or her
expense shall be borne by the lessee; one member selected by the state and his or
her expense shall be borne by the state; these members so selected shall
mutually select a third member and his or her expenses shall be shared
equally by the lessee and the state. The majority decision of this appraisal
review board shall be binding on both parties. For this purpose "fair
market value" is defined as: The highest price in terms of money which a
property will bring in a competitive and open market under all conditions of a
fair sale, the buyer and seller, each prudently knowledgeable and assuming the
price is not affected by undue stimulus. All damages and wastes committed upon
such lands and other obligations due from the lessee shall be deducted from the
appraised value of the improvements((: PROVIDED, That)). However,
the department of natural resources on behalf of the respective trust may
purchase at fair market value those improvements if it appears to be in the
best interest of the state ((from the RMCA of the general fund)). Payment
for the improvements may be made with funds held on behalf of the trust in the
resource management cost account established under RCW 79.64.020.
NEW SECTION. Sec. 6. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1997.
