BILL REQ. #:  S-4537.1 

Read first time 01/23/08.   Referred to Committee on Ways & Means.

     AN ACT Relating to residential habilitation centers; amending RCW 71A.20.170; and creating a new section.

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

NEW SECTION.  Sec. 1   By December 31, 2008, the board of natural resources and the department of social and health services shall exchange appropriate parcels of land of equal appraised value on the Fircrest school campus to transfer ownership of land identified as excess property in the Fircrest school master plan directed in section 2037, chapter 520, Laws of 2007 from the charitable, educational, penal, and reformatory institutions trust to ownership by the department of social and health services. The parcel of equal appraised value transferred from ownership by the department of social and health services to ownership by the charitable, educational, penal, and reformatory institutions trust shall be used to support Fircrest school without charge.

Sec. 2   RCW 71A.20.170 and 2005 c 353 s 1 are each amended to read as follows:
     (1) The developmental disabilities community trust account is created in the state treasury. All net proceeds from the use of or disposal of excess property identified in the 2002 joint legislative audit and review committee capital study or other studies of the division of developmental disabilities residential habilitation centers at Lakeland Village, Fircrest school, Yakima Valley school, Francis Hadden Morgan Center, and Rainier school that would not impact current residential habilitation center operations must be deposited into the account. ((Income)) Proceeds may come from the lease of the land, conservation easements, sale of timber, or other ((activities short of sale of the property)) means of disposal of surplus land at fair market value as provided under state law. "Excess property" includes that portion of the property at Rainier school previously under the cognizance and control of Washington State University for use as a dairy/forage research facility. (("Proceeds" include the net receipts from the use of all or a portion of the properties.)) Only investment income from the principal of the proceeds deposited into the trust account may be spent from the account. For purposes of this section, investment income includes lease or rent payments or other periodic payments for use of real property deposited into the trust account. For purposes of this section, principle means the actual excess land assigned to the trust account or proceeds from the sale or permanent disposition of the excess property. Moneys in the account may be spent only after appropriation. Expenditures from the account shall be used exclusively to provide family support and/or employment/day services to eligible persons with developmental disabilities who can be served by community-based developmental disability services. It is the intent of the legislature that the account should not be used to replace, supplant, or reduce existing appropriations.
     (2) ((The department shall report on its efforts and strategies to provide income to the developmental disabilities community trust account from the excess property identified in subsection (1) of this section from the lease of the property, sale of timber, or other activity short of sale of the property. The department shall report by June 30, 2006.
     (3))) The account shall be known as the Dan Thompson memorial developmental disabilities community trust account.