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SUBSTITUTE
HOUSE BILL 1433
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 02/25/97.
Leasing
property to counties for correctional facilities.
AN
ACT Relating to leases with consortiums of counties formed to acquire
correctional facilities; amending RCW 43.17.360; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.17.360 and 1996 c 261 s 2 are each amended to read as follows:
(1)
The department of social and health services and other state agencies may lease
real property and improvements thereon to a consortium of three or more
counties in order for the counties to construct or otherwise acquire
correctional facilities for juveniles or adults.
(2)
A lease governed by subsection (1) of this section shall not charge more than
one dollar per year for the land value and facilities value, during the initial
term of the lease, but the lease may include provisions for payment of any
reasonable operation and maintenance expenses incurred by the state.
The
initial term of a lease governed by subsection (1) of this section shall not
exceed twenty years, except as provided in subsection (4) of this section.
A lease renewed under subsection (1) of this section after the initial term
shall charge the fair rental value for the land and ((facilities, and may))
improvements other than those improvements paid for by a contracting
consortium. The renewed lease may also include provisions for payment of
any reasonable operation and maintenance expenses incurred by the state. For
the purposes of this subsection, fair rental value shall be determined by the
commissioner of public lands in consultation with the department and shall
not include the value of any improvements paid for by a contracting consortium.
(3)
The net proceeds generated from any lease entered or renewed under subsection
(1) of this section involving land and facilities on the grounds of eastern
state hospital shall be used solely for the benefit of eastern state hospital
programs for the long-term care needs of patients with mental disorders. These
proceeds shall not supplant or replace funding from traditional sources for the
normal operations and maintenance or capital budget projects. It is the intent
of this subsection to ensure that eastern state hospital receives the full
benefit intended by this section, and that such effect will not be diminished by
budget adjustments inconsistent with this intent.
(4)
The initial term of a lease under subsection (1) of this section entered into
after January 1, 1996, and involving the grounds of Eastern State hospital,
shall not exceed fifty years. This subsection applies retroactively, and the
department shall modify any existing leases to comply with the terms of this
subsection. No other terms of a lease modified by this subsection may be
modified unless both parties agree.
NEW
SECTION. Sec. 2. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 3. 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 immediately.
