| Passed by the House February 13, 2006 Yeas 96 ________________________________________ Speaker of the House of Representatives Passed by the Senate February 28, 2006 Yeas 49 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2759 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 01/30/06.
AN ACT Relating to the transfer of certain real property and facilities acquired, constructed, or improved using Referendum 29 or 37 bonds; adding a new section to chapter 43.99C RCW; adding a new section to chapter 43.83D RCW; adding a new section to chapter 36.34 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 39.33 RCW; adding a new section to chapter 35.82 RCW; adding a new section to chapter 70.44 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.79 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that protecting the
public health, safety, and welfare by providing services to needy or
vulnerable persons is a fundamental purpose of government. The
legislature further finds that private nonprofit corporations fill an
important public purpose in providing these types of health, safety,
and welfare services to our state's residents. Acting through
partnerships with governmental entities, these private sector providers
are able to increase the amount and quality of these services available
to state residents. The legislature finds that ensuring continued
provision of these services in the private sector confers a valuable
benefit on the public that constitutes consideration for transfer of
certain public property and facilities to eligible private nonprofit
corporations, subject to restrictions that provide continued protection
of the public interest.
NEW SECTION. Sec. 2 A new section is added to chapter 43.99C RCW
to read as follows:
(1) Public bodies, as defined in RCW 43.99C.020, may transfer
without further consideration real property and facilities acquired,
constructed, or otherwise improved under this chapter to nonprofit
corporations organized to provide services for individuals with
physical or mental disabilities, in exchange for the promise to
continually operate services benefiting the public on the site, subject
to all the conditions in this section. For purposes of this section,
"transfer" may include lease renewals. The nonprofit corporation shall
use the real property and facilities for the purpose of providing the
following limited programs as designated by the department of social
and health services: Nonprofit community centers, close-to-home living
units, employment and independent living training centers, vocational
rehabilitation centers, developmental disabilities training centers,
and community homes for individuals with mental illness.
(2) The deed transferring the property in subsection (1) of this
section must provide for immediate reversion back to the public body if
the nonprofit corporation ceases to use the property for the purposes
described in subsection (1) of this section.
(3) The nonprofit corporation is authorized to sell the property
transferred to it pursuant to subsection (1) of this section only if
all of the following conditions are satisfied: (a) Any such sale must
have the prior written approval by the department of social and health
services; (b) all proceeds from such a sale must be applied to the
purchase price of a different property or properties of equal or
greater value than the original property; (c) any new property or
properties must be used for the purposes stated in subsection (1) of
this section; (d) the new property or properties must be available for
use within one year of sale; and (e) the nonprofit corporation must
enter into an agreement with the public entity to reimburse the public
entity for the value of the original property at the time of the sale
if the nonprofit corporation ceases to use the new property for the
purposes described in subsection (1) of this section.
(4) If the nonprofit corporation ceases to use the property for the
purposes described in subsection (1) of this section, the property and
facilities revert immediately to the public body. The public body
shall then determine if the property, or the reimbursed amount in the
case of a reimbursement under subsection (3)(e) of this section, may be
used by another program as designated by the department of social and
health services. These programs have priority in obtaining the
property to ensure that the purposes specified in this chapter are
carried out.
NEW SECTION. Sec. 3 A new section is added to chapter 43.83D RCW
to read as follows:
(1) Public bodies, as defined in RCW 43.83D.050, may transfer
without further consideration real property and facilities acquired,
constructed, or otherwise improved under this chapter to nonprofit
corporations organized to provide individuals with social and health
services, in exchange for the promise to continually operate services
benefiting the public on the site, subject to all the conditions in
this section. For purposes of this section, "transfer" may include
lease renewals. The nonprofit corporation shall use the real property
and facilities for the purpose of providing the following programs as
designated by the department of social and health services: Facilities
for social services, adult and juvenile correction or detention, child
welfare, day care, drug abuse and alcoholism treatment, mental health,
public health, developmental disabilities, and vocational
rehabilitation.
(2) The deed transferring the property in subsection (1) of this
section must provide for immediate reversion back to the public body if
the nonprofit corporation ceases to use the property for the purposes
described in subsection (1) of this section.
(3) The nonprofit corporation is authorized to sell the property
transferred to it pursuant to subsection (1) of this section only if
all of the following conditions are satisfied: (a) Any such sale must
be subject to prior written approval by the department of social and
health services; (b) all proceeds from such a sale must be applied to
the purchase price of a different property or properties of equal or
greater value than the original property; (c) any new property or
properties must be used for the purposes stated in subsection (1) of
this section; (d) the new property or properties must be available for
use within one year of sale; and (e) the nonprofit corporation must
enter into an agreement with the public entity to reimburse the public
entity for the value of the original property at the time of the sale
if the nonprofit corporation ceases to use the new property for the
purposes described in subsection (1) of this section.
(4) If the nonprofit corporation ceases to use the property for the
purposes described in subsection (1) of this section, the property and
facilities revert immediately to the public body. The public body
shall then determine if the property, or the reimbursed amount in the
case of a reimbursement under subsection (3)(e) of this section, may be
used by another program as designated by the department of social and
health services. These programs have priority in obtaining the
property to ensure that the purposes specified in this chapter are
carried out.
NEW SECTION. Sec. 4 A new section is added to chapter 36.34 RCW
to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 5 A new section is added to chapter 43.19 RCW
to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.335
RCW to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 7 A new section is added to chapter 39.33 RCW
to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 8 A new section is added to chapter 35.82 RCW
to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 9 A new section is added to chapter 70.44 RCW
to read as follows:
This chapter does not apply to transfers of property under sections
1 and 2 of this act.
NEW SECTION. Sec. 10 A new section is added to chapter 35.21 RCW
to read as follows:
Cities are authorized to transfer real property pursuant to
sections 2 and 3 of this act.
NEW SECTION. Sec. 11 A new section is added to chapter 35A.79
RCW to read as follows:
Code cities are authorized to transfer real property pursuant to
sections 2 and 3 of this act.