Substitute House Bill 1786 as Recommended by Transportation

Source

Section 703

This section modifies existing section 46.68.410. Here is the modified chapter for context.

  1. The vehicle identification number inspection fee collected under RCW 46.17.130 must be distributed as follows:

    1. $15 to the state patrol highway account created in RCW 46.68.030; and

    2. $50 to the motor vehicle fund created in RCW 46.68.070.

  2. During the 2021-2023 fiscal biennium, the entire vehicle identification number inspection fee collected under RCW 46.17.130 must be distributed to the state patrol highway account created in RCW 46.68.030.

Section 704

This section modifies existing section 46.68.480. Here is the modified chapter for context.

The Cooper Jones active transportation safety account is created in the state treasury. All receipts from penalties collected under RCW 46.63.170(6)(e) shall be deposited into the account. Expenditures from the account may be used only to fund grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement administered by the Washington traffic safety commission. For the 2021-2023 biennium, expenditures from the account may also be used to fund grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement administered by the Washington state department of transportation. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.

Section 705

This section modifies existing section 47.12.063. Here is the modified chapter for context.

  1. It is the intent of the legislature to continue the department's policy giving priority consideration to abutting property owners in agricultural areas when disposing of property through its surplus property program under this section.

  2. Whenever the department determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so, the department may sell the property or exchange it in full or part consideration for land or building improvements or for construction of highway improvements at fair market value to any person through the solicitation of written bids through public advertising in the manner prescribed under RCW 47.28.050 or in the manner prescribed under RCW 47.12.283.

  3. The department may forego the processes prescribed by RCW 47.28.050 and 47.12.283 and sell the real property to any of the following entities or persons at fair market value**, except as specified in subsection (9) of this section during the 2021-2023 fiscal biennium**:

    1. Any other state agency;

    2. The city or county in which the property is situated;

    3. Any other municipal corporation;

    4. Regional transit authorities created under chapter 81.112 RCW;

    5. The former owner of the property from whom the state acquired title;

    6. In the case of residentially improved property, a tenant of the department who has resided thereon for not less than six months and who is not delinquent in paying rent to the state;

    7. Any abutting private owner but only after each other abutting private owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283;

    8. To any other owner of real property required for transportation purposes;

    9. In the case of property suitable for residential use, any nonprofit organization dedicated to providing affordable housing to very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510 and is eligible to receive assistance through the Washington housing trust fund created in chapter 43.185 RCW;

    10. During the 2021-2023 fiscal biennium, any nonprofit organization that identifies real property to be sold or conveyed as a substitute for real property owned by the nonprofit within the city of Seattle to be redeveloped for the purpose of affordable housing; or

    11. A federally recognized Indian tribe within whose reservation boundary the property is located.

  4. When selling real property pursuant to RCW 47.12.283, the department may withhold or withdraw the property from an auction when requested by one of the entities or persons listed in subsection (3) of this section and only after the receipt of a nonrefundable deposit equal to 10 percent of the fair market value of the real property or $5,000, whichever is less. This subsection does not prohibit the department from exercising its discretion to withhold or withdraw the real property from an auction if the department determines that the property is no longer surplus or chooses to sell the property through one of the other means listed in subsection (2) of this section. If a transaction under this subsection is not completed within 60 days, the real property must be put back up for sale.

  5. Sales to purchasers may, at the department's option, be for cash, by real estate contract, or exchange of land or highway improvements. Transactions involving the construction of improvements must be conducted pursuant to chapter 47.28 RCW and Title 39 RCW, as applicable, and must comply with all other applicable laws and rules.

  6. Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.

  7. Unless otherwise provided, all moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.

  8. The department may not enter into equal value exchanges or property acquisitions for building improvements without first consulting with the office of financial management and the joint transportation committee.

  9. During the 2021-2023 fiscal biennium, the department may sell or convey surplus property at less than its fair market value when the department finds that it is in the public interest to do so because:

    1. The surplus property will be used as a substitute for property to be redeveloped to provide the public benefit of affordable housing; and

    2. The development of affordable housing on that property would not otherwise be adequately compensated.

Section 706

This section modifies existing section 46.01.385. Here is the modified chapter for context.

The agency financial transaction account is created in the state treasury. Receipts directed by law to the account from cost recovery charges for credit card and other financial transaction fees must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for paying credit card and financial transaction fees, and other related costs incurred by state agencies. During the 2021-2023 fiscal biennium, expenditures from the account may also be used for additional information technology costs related to supporting the department of licensing operations and addressing staffing shortages.

Section 801

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Section 802

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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