CERTIFICATION
OF ENROLLMENT
HOUSE
BILL 1353
Chapter
240, Laws of 1997
55th
Legislature
1997
Regular Session
SALE OF MATERIALS FROM
DEPARTMENT OF TRANSPORTATION LANDS
EFFECTIVE
DATE: 7/27/97
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Passed by the House April 19, 1997
Yeas 89 Nays 0
 CLYDE BALLARD
Speaker of the
House of Representatives
Passed by the Senate April 11, 1997
Yeas 43 Nays 0
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CERTIFICATE
I, Timothy A. Martin, Chief Clerk of the House of Representatives of
the State of Washington, do hereby certify that the attached is HOUSE BILL
1353 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
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BRAD OWEN
President of the Senate
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 TIMOTHY A. MARTIN
Chief Clerk
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Approved May 1, 1997 Place Style On Codes
above, and Style Off Codes below.
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FILED
May 1, 1997 - 11:14 a.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
HOUSE
BILL 1353
_______________________________________________
Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/23/97. Referred to Committee on Transportation Policy &
Budget.
Facilitating sale of materials from department of transportation
lands.
AN
ACT Relating to sale of materials from department of transportation lands; and
amending RCW 47.12.140.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
47.12.140 and 1981 c 260 s 12 are each amended to read as follows:
(((1)
Except as otherwise provided in subsection (2) of this section,)) Whenever
the department ((shall have)) has acquired any lands for ((highway))
transportation purposes, except state granted lands, upon which are
located any structures, timber, or other thing of value attached to the
land((, which)) that the department ((shall)) deems
it best to sever from the land and sell as personal property, the same may be
((sold)) disposed of by one of the following means:
(1)
The department may sell the personal property at public auction
after due notice ((thereof shall have)) has been given in
accordance with general ((regulations)) rules adopted by the
secretary. The department may set minimum prices that will be accepted for any
item offered for sale at public auction as ((herein)) provided in
this section and may prescribe terms or conditions of sale ((and, in the
event that any)). If an item ((shall be)) is offered
for sale at ((such)) the auction and ((for which)) no
satisfactory bids ((shall be)) are received or ((for which))
the amount bid ((shall be)) is less than the minimum set by the
department, ((it shall be lawful for)) the department ((to)) may
sell ((such)) the item at private sale for the best price ((which))
that it deems obtainable, but ((at)) not less than the
highest price bid at the public auction. The proceeds of all sales under this
section ((shall)) must be placed in the motor vehicle fund.
(2)
The department may issue permits to residents of this state to remove specified
quantities of standing or downed trees and shrubs, rock, sand, gravel, or soils
((which)) that have no market value in place and ((which))
that the department desires to be removed from state-owned lands
((which)) that are under the jurisdiction of the department. An
applicant for ((such)) a permit must certify that the materials so
removed are to be used by ((himself)) the applicant and that they
will not be disposed of to any other person. Removal of materials ((pursuant
to)) under the permit ((shall)) must be in accordance
with ((such regulations as)) rules adopted by the department ((shall
prescribe)). The fee for a permit ((shall be)) is two
dollars and fifty cents, which ((shall)) fee must be
deposited in the motor vehicle fund. The department may adopt ((regulations))
rules providing for special access to limited access facilities for the
purpose of removal of materials ((pursuant to)) under permits
authorized in this section.
(3)
The department may sell timber or logs to an abutting landowner for cash at
full appraised value, but only after each other abutting owner (if any), as
shown in the records of the county assessor, is notified in writing of the proposed
sale. If more than one abutting owner requests in writing the right to
purchase the timber within fifteen days after receiving notice of the proposed
sale, the timber must be sold in accordance with subsection (1) of this
section.
(4)
The department may sell timber or logs having an appraised value of one
thousand dollars or less directly to interested parties for cash at the full
appraised value without notice or advertising. If the timber is attached to
state-owned land, the department shall issue a permit to the purchaser of the
timber to allow for the removal of the materials from state land. The permit
fee is two dollars and fifty cents.
Passed the House April 19, 1997.
Passed the Senate April 11, 1997.
Approved by the Governor May
1, 1997.
Filed
in Office of Secretary of State May 1, 1997.