BP BHEAD INT S

AN ACT Relating to a conservation permit program for use of state park facilities; amending RCW 4.24.210; adding new sections to chapter 43.51 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. In addition to its other powers, duties, and functions, the commission shall establish a conservation permit program to collect fees for recreational use of state park lands. Receipts from the sale of conservation permits shall be deposited into the general fund and shall be appropriated to the commission for the purpose of acquiring, developing, operating, and maintaining state park facilities.

NEW SECTION. Sec. 2. The commission shall establish, by rule, the amount of the fee and the duration of the permit, but the fee level for an annual period shall not be less than twenty-five dollars. The permit may be sold with the assistance of authorized agents as may be necessary for the convenience of the public. The commission shall require one person in each vehicle located within a park facility to possess a conservation permit that entitles the occupants of the vehicle to the use of state park facilities. The permit shall entitle the holder and all family members of the holder to use of state park facilities when not entering by a motorized vehicle.

The commission shall clearly identify which parks, facilities, and activities require a conservation permit. Conservation permits shall be valid for year-round use of facilities open for public use.

NEW SECTION. Sec. 3. The commission shall consider waivers or reductions in other fees that have been adopted by rule by the commission to users who hold a valid conservation permit. Nothing in this section or section 1 or 2 of this act affects the provisions for park passes established in RCW 43.51.055.

NEW SECTION. Sec. 4. (1) At state parks and other state park facilities requiring a conservation permit or payment of other fees, it is an offense if a person fails or refuses to show proof of payment or a valid conservation permit on the demand of a peace officer or commission employee.

(2) It is not an offense under subsection (1) of this section if a person:

(a) Entered the park or facility as an occupant of a privately owned noncommercial vehicle in which at least one other occupant possessed and was able to show a valid conservation permit issued to that other occupant; or

(b) Was a member of a group of individuals that the commission has exempted from the requirement for a conservation permit; or

(c) Has paid the applicable fees for activities or uses for which fees are required under rules adopted by the commission.

(3) A violation of this section is a civil infraction punishable as provided under chapter 7.84 RCW.

Sec. 5. RCW 4.24.210 and 1992 c 52 s 1 are each amended to read as follows:

(1) Except as otherwise provided in subsection (3) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.

(2) Except as otherwise provided in subsection (3) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users.

(3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land. Nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. Nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.

(4) For purposes of this section, a license or permit, including a permit issued under section 1 of this act, issued for state-wide use under authority of chapter 43.51 RCW, Title 75, or Title 77 RCW is not a fee.

NEW SECTION. Sec. 6. Sections 1 through 4 of this act are each added to chapter 43.51 RCW.