SENATE BILL REPORT

SB 5315

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Natural Resources & Parks, January 31, 2017

Title: An act relating to home site leases on lands managed by the department of natural resources.

Brief Description: Concerning home site leases on lands managed by the department of natural resources.

Sponsors: Senators King, Baumgartner, Hawkins, Hobbs, Fortunato and Pearson.

Committee Activity: Natural Resources & Parks: 1/26/17, 1/31/17 [DP].

Brief Summary of Bill

Allows the Department of Natural Resources to directly transfer land to a current home site lessee.

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report: Do pass.

Signed by Senators Pearson, Chair; Hawkins, Vice Chair; Van De Wege, Ranking Minority Member; Fortunato and McCoy.

Staff: Curt Gavigan (786-7437)

Background: Department of Natural Resources (DNR) Uplands in General. DNR manages a number of different categories of land, each for a specific purpose and under different management requirements. These include approximately $3 million acres of federally granted lands and state forest lands, which DNR manages to support common schools, counties, and other public institutions.

Uplands Sales Process. The State Constitution and statute generally require DNR uplands to be sold at public auction to the highest bidder.

In certain circumstances, statute allows the Board of Natural Resources (Board) to approve transfers that are for at least fair market value and are in the best interest of the state or affected trust. These include:

transfers in lieu of condemnation;
transfers to public agencies; and
transfers to resolve trespass and ownership disputes.

DNR Home Site Leases. DNR currently manages a number of special leases that contain home sites. These homes site leases are generally adjacent to DNR-managed agricultural lands.

Summary of Bill: DNR may directly transfer land to a current home site lessee without the need for a public auction. These must meet the same requirements as for other direct land transfers, such as the requirement for Board approval and sale for at least fair market value.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The goal is to allow families currently living on these DNR lands to buy the land at fair market value. This bill only applies to an estimated 43 total sites, of which DNR is planning to consider sale of 22. DNR feels the bill is in the best interest of the trust because it could save building demolition costs down the line. It also keeps protections in place such as appraisal and approval by the Board of Natural Resources.

Persons Testifying: PRO: Senator Curtis King, Prime Sponsor; Brock Milliern, DNR-Land Transactions.

Persons Signed In To Testify But Not Testifying: No one.