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                    ENGROSSED SENATE BILL 6825

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State of Washington      56th Legislature     2000 Regular Session

By Senators Wojahn, Jacobsen, Thibaudeau, Snyder, B. Sheldon, Goings, Franklin, Horn, Shin, Bauer, Hargrove, Haugen, McAuliffe, Prentice and Costa

Read first time 02/02/2000.  Referred to Committee on Ways & Means.

Placing property adjacent to Western state hospital in trust.

    AN ACT Relating to charitable, educational, penal, and reformatory real property; reenacting and amending RCW 79.01.006; adding a new section to chapter 79.01 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 79.01 RCW to read as follows:

    The department of social and health services shall transfer the approximately five hundred seventy-five acres of the greater Western state hospital campus not a part of the central institutional campus to the corpus of the charitable, educational, penal, and reformatory institution account.  Any income from the property transferred pursuant to this section must be used for the benefit of the mentally ill as specified in the original federal grant.  The transferred property shall be managed pursuant to the principles specified in RCW 79.01.006 and 79.01.007 except that it may never be sold or exchanged without specific approval contained in an act of law.  The department shall renegotiate any lease provisions that conflict with the transfer or trust land management principles, to the extent not otherwise prohibited by law.

    Sec. 2.  RCW 79.01.006 and 1996 c 288 s 51 and 1996 c 261 s 1 are each reenacted and amended to read as follows:

    (1) Every five years the department of social and health services and other state agencies that operate institutions shall conduct an inventory of all real property subject to the charitable, educational, penal, and reformatory institution account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled.  The inventory shall identify which of those real properties are not needed for state-provided residential care, custody, or treatment.  By December 1, 1992, and every five years thereafter the department shall report the results of the inventory to the house of representatives committee on capital facilities and financing, the senate health and long-term care committee, the senate committee on ways and means, and the joint legislative audit and review committee.

    (2) Real property identified as not needed for state-provided residential care, custody, or treatment shall be transferred to the corpus of the charitable, educational, penal, and reformatory institution account.  This subsection shall not apply to leases of real property to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults ((or to real property subject to binding conditions that conflict with the other provisions of this subsection)).  Under no circumstance may the department of natural resources fail to accept land designated for transfer under this section within one hundred eighty days without specific authority to do so in an act of law.

    (3) The department of natural resources shall manage all property subject to the charitable, educational, penal, and reformatory institution account and, in consultation with the department of social and health services and other affected agencies, shall adopt a plan for the management of real property subject to the account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled.

    (a) The plan shall be consistent with state trust land policies and shall be compatible with the needs of institutions adjacent to real property subject to the plan.

    (b) The plan may be modified as necessary to ensure the quality of future management and to address the acquisition of additional real property.

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.

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