AN
ACT Relating to the moneys derived from public lands managed by the
commissioner of public lands; amending RCW 76.12.030 and 79.01.744; and
reenacting and amending RCW 76.12.120.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 76.12.030 and 1991 c 363 s 151 are each amended to read as follows:
If
any land acquired by a county through foreclosure of tax liens, or otherwise,
comes within the classification of land described in RCW 76.12.020 and can be
used as state forest land and if the department deems such land necessary for
the purposes of this chapter, the county shall, upon demand by the department,
deed such land to the department and the land shall become a part of the state
forest lands.
Such
land shall be held in trust and administered and protected by the department as
other state forest lands. Any moneys derived from the lease of such land or
from the sale of forest products, oils, gases, coal, minerals, or fossils
therefrom, shall be distributed as follows:
(1)
The expense incurred by the state for administration, reforestation, and
protection, not to exceed ((twenty-five)) twenty-two percent,
which rate of percentage shall be determined by the board of natural resources,
shall be returned to the forest development account in the state general fund.
By June 30th of each year, the board of natural resources must establish the
percentage and a budget for the following fiscal year in such a manner that the
balance in the account does not exceed the amount necessary for six months of
operating expenses for administration, reforestation, and protection. The
board of natural resources must set the level of the balance of the account in
cooperation with the counties that have forest board transfer lands.
(2)
Any balance remaining after the distribution under subsection (1) of this
section shall be paid to the county in which the land is located to be
paid, distributed, and prorated, except as hereinafter provided, to the various
funds in the same manner as general taxes are paid and distributed during the
year of payment((: PROVIDED, That)). Within seven working days of
receipt of these moneys, the department shall certify to the state treasurer
the amounts to be distributed to the counties. The state treasurer shall
distribute funds to the counties four times per month, with no more than ten
days between each payment date. Any such balance remaining paid to a
county with a population of less than nine thousand shall first be applied to
the reduction of any indebtedness existing in the current expense fund of such
county during the year of payment.
*Sec. 1 was vetoed. See message at end of chapter.
*Sec.
2.
RCW 76.12.120 and 1988 c 128 s 32 and 1988 c 70 s 1 are each reenacted and
amended to read as follows:
All
land, acquired or designated by the department as state forest land, shall be
forever reserved from sale, but the timber and other products thereon may be
sold or the land may be leased in the same manner and for the same purposes as
is authorized for state granted land if the department finds such sale or lease
to be in the best financial interests of the ((state and approves the
terms and conditions thereof)) respective county trust beneficiaries.
Except
as provided in RCW 79.12.035, all money derived from the sale of timber or
other products, or from lease, or from any other source from the land, except
where the Constitution of this state or RCW 76.12.030 requires other
disposition, shall be disposed of as follows:
(1)
Fifty percent shall be placed in the forest development account.
(2)
Fifty percent shall be prorated and distributed to the state general fund, to
be dedicated for the benefit of the public schools, and the county in which the
land is located according to the relative proportions of tax levies of all
taxing districts in the county. The portion to be distributed to the state
general fund shall be based on the regular school levy rate under RCW 84.52.065
as now or hereafter amended and the levy rate for any maintenance and operation
special school levies. With regard to the portion to be distributed to the
counties, the department shall certify to the state treasurer the amounts to be
distributed within seven working days of receipt of the money. The state
treasurer shall distribute funds to the counties four times per month, with no
more than ten days between each payment date. The money distributed to the
county shall be paid, distributed, and prorated to the various other funds in
the same manner as general taxes are paid and distributed during the year of
payment.
*Sec. 2 was vetoed. See message at end of chapter.
Sec.
3. RCW
79.01.744 and 1987 c 505 s 76 are each amended to read as follows:
(1)
It shall be the duty of the commissioner of public lands to report, and
recommend, to each session of the legislature, any changes in the law relating
to the methods of handling the public lands of the state that he may deem
advisable.
(2)
The commissioner of public lands shall provide a comprehensive biennial report
to reflect the previous fiscal period. The report shall include, but not be
limited to, descriptions of all department activities including: Revenues
generated, program costs, capital expenditures, personnel, special projects,
new and ongoing research, environmental controls, cooperative projects,
intergovernmental agreements, the adopted sustainable harvest compared to the
sales program, and outlines of ongoing litigation, recent court decisions and
orders on major issues with the potential for state liability. The report
shall describe the status of the resources managed and the recreational and
commercial utilization. The report shall be given to the chairs of the house
and senate committees on ways and means and the house and senate committees on
natural resources, including one copy to the staff of each of the committees,
and shall be made available to the public.
(3)
The commissioner of public lands shall provide annual reports to the respective
trust beneficiaries, including each county. The report shall include, but not
be limited to, the following: Acres sold, acres harvested, volume from those
acres, acres planted, number of stems per acre, acres precommercially thinned,
acres commercially thinned, acres partially cut, acres clear cut, age of final
rotation for acres clear cut, and the total number of acres off base for
harvest and an explanation of why those acres are off base for harvest.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to sections 1 and 2, Substitute
House Bill No. 1826 entitled:
"AN
ACT Relating to the moneys derived from public lands managed by the commissioner
of public lands;"
Substitute House Bill No.
1826 makes changes to the management of state Forest Board Lands. I have
concerns about two sections.
Section 1 reduces the
maximum percentage of revenue from state Forest Board Lands that can be retained
in the Forest Development Account (FDA) from 25 percent to 22 percent. In
addition, the Board of Natural Resources is to establish a budget that
maintains no greater than six months' operating expenses for the FDA. This
would result in a one-time windfall of approximately $19 million to the trust
beneficiaries in Fiscal Year 1999. However, by Fiscal Year 2001 revenues would
not be able to keep pace with current agency management activities. This
provision would limit current and future revenue generating abilities. The
Board of Natural Resources has already reduced the percentage of revenue
retained by the FDA to 22 percent. It is preferable to allow the Board of
Natural Resources to retain management flexibility.
Section 2 changes the
management objectives for state Forest Board Lands from the best interest of
the state to the best financial interest of the respective county trust
beneficiaries. This is a fundamental change in state policy. Although
counties do receive significant financial benefit from these lands, local
schools and the state General Fund also receive revenue from these lands.
These changes are not in the best interests of the citizens of our state.
For these reasons, I have
vetoed sections 1 and 2 of Substitute House Bill No. 1826.
With
the exception of sections 1 and 2, Substitute House Bill No. 1826 is
approved."
