AN ACT Relating to the authority of the parks and recreation commission; amending RCW 43.51.020, 43.51.030, 43.51.040, 43.51.045, 43.51.046, 43.51.055, 43.51.061, 43.51.060, 43.51.052, 46.61.587, 7.84.010, 7.84.020, 43.51.210, 43.220.160, 79.72.020, 79.72.030, 79.72.040, 79.72.050, 79.72.070, 43.51.070, 43.51.110, 43.51.140, 43.51.220, 43.51.237, 43.51.270, 43.51.948, 43.51.720, 43.51.730, 43.51.750, 43.51.510, 43.51.540, 43.51.432, 88.12.015, 88.12.165, 88.12.175, 88.12.195, 88.12.205, 88.12.295, 88.12.305, 88.12.365, and 88.12.385; reenacting and amending RCW 43.51.290; adding a new title to the Revised Code of Washington to be codified as Title 79A RCW; recodifying RCW 43.51.020, 43.51.030, 43.51.040, 43.51.045, 43.51.046, 43.51.048, 43.51.050, 43.51.052, 43.51.055, 43.51.060, 43.51.061, 43.51.062, 43.51.063, 43.51.065, 43.51.070, 43.51.090, 43.51.100, 43.51.110, 43.51.112, 43.51.1121, 43.51.113, 43.51.114, 43.51.120, 43.51.130, 43.51.140, 43.51.150, 43.51.160, 43.51.170, 43.51.180, 43.51.200, 43.51.210, 43.51.215, 43.51.220, 43.51.235, 43.51.237, 43.51.240, 43.51.250, 43.51.270, 43.51.275, 43.51.285, 43.51.290, 43.51.300, 43.51.310, 43.51.320, 43.51.321, 43.51.330, 43.51.340, 43.51.350, 43.51.360, 43.51.365, 43.51.370, 43.51.375, 43.51.380, 43.51.385, 43.51.395, 43.51.400, 43.51.405, 43.51.407, 43.51.409, 43.51.411, 43.51.415, 43.51.417, 43.51.419, 43.51.420, 43.51.430, 43.51.432, 43.51.434, 43.51.436, 43.51.438, 43.51.440, 43.51.442, 43.51.444, 43.51.446, 43.51.448, 43.51.450, 43.51.452, 43.51.454, 43.51.456, 43.51.500, 43.51.510, 43.51.530, 43.51.540, 43.51.550, 43.51.560, 43.51.570, 43.51.580, 43.51.590, 43.51.650, 43.51.655, 43.51.660, 43.51.665, 43.51.670, 43.51.675, 43.51.685, 43.51.695, 43.51.700, 43.51.705, 43.51.710, 43.51.715, 43.51.720, 43.51.725, 43.51.730, 43.51.735, 43.51.740, 43.51.745, 43.51.750, 43.51.755, 43.51.760, 43.51.765, 43.51.900, 43.51.910, 43.51.920, 43.51.930, 43.51.940, 43.51.942, 43.51.943, 43.51.944, 43.51.945, 43.51.946, 43.51.947, 43.51.948, 43.51.949, 43.51.950, 43.51.951, 43.51.952, 43.51.953, 43.51.954, 43.51.955, 43.51.956, 43.98.010, 43.98.020, 43.98.030, 43.98.040, 43.98.050, 43.98.060, 43.98.070, 43.98.080, 43.98.090, 43.98A.005, 43.98A.010, 43.98A.020, 43.98A.030, 43.98A.040, 43.98A.050, 43.98A.060, 43.98A.070, 43.98A.080, 43.98A.090, 43.98A.100, 43.98A.900, 43.98B.005, 43.98B.010, 43.98B.020, 43.98B.030, 43.98B.900, 43.98B.910, 43.98B.920, 43.99.010, 43.99.020, 43.99.025, 43.99.030, 43.99.040, 43.99.050, 43.99.060, 43.99.070, 43.99.080, 43.99.095, 43.99.100, 43.99.110, 43.99.120, 43.99.124, 43.99.126, 43.99.130, 43.99.135, 43.99.142, 43.99.146, 43.99.150, 43.99.170, 43.99.800, 43.99.810, 43.99.820, 43.99.830, 43.99.900, 43.99.910, 67.18.005, 67.18.010, 67.18.020, 67.18.030, 67.18.040, 67.18.050, 67.18.900, 67.32.010, 67.32.020, 67.32.030, 67.32.040, 67.32.050, 67.32.060, 67.32.070, 67.32.080, 67.32.090, 67.32.100, 67.32.110, 67.32.130, 67.32.140, 70.88.010, 70.88.020, 70.88.030, 70.88.040, 70.88.050, 70.88.060, 70.88.070, 70.88.080, 70.88.090, 70.88.100, 70.117.010, 70.117.015, 70.117.020, 70.117.025, 70.117.030, 70.117.040, 77.12.720, 77.12.730, 77.12.740, 79.08.102, 79.08.104, 79.08.106, 79.08.1062, 79.08.1064, 79.08.1066, 79.08.1069, 79.08.1072, 79.08.1074, 79.08.1078, 79.08.109, 79.72.010, 79.72.020, 79.72.030, 79.72.040, 79.72.050, 79.72.060, 79.72.070, 79.72.080, 79.72.090, 79.72.100, 79.72.900, 88.12.010, 88.12.015, 88.12.020, 88.12.025, 88.12.029, 88.12.032, 88.12.033, 88.12.035, 88.12.045, 88.12.055, 88.12.065, 88.12.075, 88.12.085, 88.12.095, 88.12.105, 88.12.115, 88.12.125, 88.12.135, 88.12.145, 88.12.155, 88.12.165, 88.12.175, 88.12.185, 88.12.195, 88.12.205, 88.12.215, 88.12.218, 88.12.222, 88.12.225, 88.12.227, 88.12.230, 88.12.232, 88.12.235, 88.12.245, 88.12.250, 88.12.255, 88.12.260, 88.12.265, 88.12.275, 88.12.276, 88.12.278, 88.12.279, 88.12.285, 88.12.295, 88.12.305, 88.12.315, 88.12.325, 88.12.335, 88.12.345, 88.12.355, 88.12.365, 88.12.375, 88.12.385, 88.12.500, 88.12.505, 88.27.010, 88.27.020, 88.27.030, 88.27.040, 88.27.050, 88.27.900, and 90.56.090; repealing RCW 43.51.010, 79.08.108, 43.51.047, 43.51.080, 43.51.545, 43.51.260, 43.51.355, 43.51.230, and 88.12.395; and prescribing penalties.

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

PART I

DEFINITIONS

NEW SECTION. Sec. 101. The definitions in this section apply throughout this title unless the context clearly requires otherwise.

(1) "Commission" means the state parks and recreation commission.

(2) "Chair" means the member of the commission elected pursuant to RCW 43.51.030 (as recodified by this act).

(3) "Director" and "director of the state parks and recreation commission" mean the director of parks and recreation or the director's designee.

(4) "Recreation" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction.

(5) "Natural forest" means a forest that faithfully represents, or is meant to become representative of, its unaltered state.

PART II

GENERAL POLICIES

Sec. 201. RCW 43.51.020 and 1984 c 287 s 82 are each amended to read as follows:

There is hereby created a "state parks and recreation commission" consisting of seven ((~~electors~~)) citizens of the state. The members of the commission shall be appointed by the governor by and with the advice and consent of the senate and shall serve for a term of six years, expiring on December 31st of even-numbered years, and until their successors are appointed. In case of a vacancy, the governor shall fill the vacancy for the unexpired term of the commissioner whose office has become vacant.

((The commissioners incumbent as of August 11, 1969, shall serve as follows: Those commissioners whose terms expire December 31, 1970, shall serve until December 31, 1970; the elector appointed to succeed to the office, the term for which expired December 31, 1968, shall serve until December 31, 1974; the terms of three of the four remaining commissioners shall each expire on December 31, 1972.

To assure that no more than the terms of three members will expire simultaneously on December 31st in any one even-numbered year, the term of not more than one commissioner incumbent on August 11, 1969, as designated by the governor, who was either appointed or reappointed to serve until December 31, 1972, shall be increased by the governor by two years, and said term shall expire December 31, 1974.))

In making the appointments to the commission, the governor shall choose ((~~electors~~)) citizens who understand park and recreation needs and interests. No person shall serve if he or she holds any elective or full-time appointive state, county, or municipal office. Members of the commission shall be compensated in accordance with RCW 43.03.240 and in addition shall be allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

Payment of expenses pertaining to the operation of the commission shall be made upon vouchers certified to by such persons as shall be designated by the commission.

Sec. 202. RCW 43.51.030 and 1965 c 8 s 43.51.030 are each amended to read as follows:

The commission shall elect one of its members as ((~~chairman~~)) chair. The commission may be convened at such times as the ((~~chairman~~)) chair deems necessary, and a majority shall constitute a quorum for the transaction of business.

PART III

DUTIES AND POWERS OF THE COMMISSION

NEW SECTION. Sec. 301. In addition to whatever other duties may exist in law or be imposed in the future, it is the duty of the commission to:

(1) Implement integrated pest management practices and regulate pests as required by RCW 17.15.020;

(2) Take steps necessary to control spartina and purple loosestrife as required by RCW 17.26.020;

(3) Participate in the implementation of chapter 19.02 RCW;

(4) Coordinate planning and provide staffing and administrative assistance to the Lewis and Clark trail committee as required by RCW 27.34.340;

(5) Administer those portions of chapter 46.10 RCW not dealing with registration and licensing of snowmobiles as required by RCW 46.10.210;

(6) Consult and participate in the scenic and recreational highway system as required by chapter 47.39 RCW; and

(7) Develop, prepare, and distribute information relating to marine oil recycling tanks and sewage holding tank pumping stations, in cooperation with other departments, as required by chapter 88.02 RCW.

The commission has the power reasonably necessary to carry out these duties.

Sec. 302. RCW 43.51.040 and 1989 c 175 s 106 are each amended to read as follows:

The commission shall:

(1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.

(2) Adopt policies, ((~~promulgate~~)) and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.

(3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.

(4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.

(5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than forty years, and upon such conditions as shall be approved by the commission: PROVIDED, That leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER, That television station leases shall be subject to the provisions of RCW 43.51.063 (as recodified by this act), only: PROVIDED FURTHER, That the rates of such concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.

(6) Employ such assistance as it deems necessary.

(7) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights of way for state highways. Option agreements executed under authority of this ((~~subdivision~~)) subsection shall be valid only if:

(a) The cost of the option agreement does not exceed one dollar; and

(b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and

(c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.

(8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.

Sec. 303. RCW 43.51.045 and 1984 c 82 s 1 are each amended to read as follows:

(1) The commission shall:

(a) Manage timber and land under its jurisdiction to maintain and enhance aesthetic and recreational values;

(b) Apply modern conservation practices to maintain and enhance aesthetic, recreational, and ecological resources; and

(c) Designate and preserve certain forest areas throughout the state as natural forests or natural areas for interpretation, study, and preservation purposes.

(2) Trees may be removed from state parks:

(a) When hazardous to persons, property, or facilities;

(b) As part of a park maintenance or development project, or conservation practice;

(d) When damaged by a catastrophic forest event.

(3) Tree removal under subsection (2) of this section shall be done by commission personnel, unless the personnel lack necessary expertise. Except in emergencies and when feasible, significant trees shall be removed only after they have been marked or appraised by a professional forester. The removal of significant trees from a natural forest may take place only after a public hearing has been held, except in emergencies.

(4) When feasible, felled timber shall be left on the ground for natural purposes or used for park purposes including, but not limited to, building projects, trail mulching, and firewood. In natural forest areas, first consideration shall be given to leaving timber on the ground for natural purposes.

(5) The commission may issue permits to individuals under RCW 4.24.210 and 43.51.065 (as recodified by this act) for the removal of wood debris from state parks for personal firewood use.

(6) Only timber that qualifies for cutting or removal under subsection (2) of this section may be sold. Timber shall be sold only when surplus to the needs of the park.

(7) Net revenue derived from timber sales shall be deposited in the state parks renewal and stewardship account created in RCW 43.51.275 (as recodified by this act).

Sec. 304. RCW 43.51.046 and 1991 c 11 s 1 are each amended to read as follows:

(1) ((~~By July 1, 1992,~~)) The ((~~state parks and recreation~~)) commission shall provide waste reduction and recycling information in each state park campground and day-use area.

(2) ((~~By July 1, 1993,~~)) The commission shall provide recycling receptacles in the day-use and campground areas of at least ((~~fifteen~~)) forty state parks. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin. The commission shall endeavor to provide recycling receptacles in parks that are near urban centers or in heavily used parks.

(3) The commission shall provide daily maintenance of such receptacles from April through September of each year.

(4) ((Beginning July 1, 1993, the commission shall provide recycling receptacles in at least five additional state parks per biennium until the total number of state parks having recycling receptacles reaches forty.

~~(5)~~)) The commission is authorized to enter into agreements with any person, company, or nonprofit organization to provide for the collection and transport of recyclable materials and related activities under this section.

Sec. 305. RCW 43.51.055 and 1997 c 74 s 1 are each amended to read as follows:

(1) The commission shall grant to any person who meets the eligibility requirements specified in this section a senior citizen's pass which shall (a) entitle such person, and members of his or her camping unit, to a fifty percent reduction in the campsite rental fee prescribed by the commission, and (b) entitle such person to free admission to any state park.

(2) The commission shall grant a senior citizen's pass to any person who applies for the same and who meets the following requirements:

(a) The person is at least sixty-two years of age; and

(b) The person is a domiciliary of the state of Washington and meets reasonable residency requirements prescribed by the commission; and

(c) The person and his or her spouse have a combined income which would qualify the person for a property tax exemption pursuant to RCW 84.36.381, as now law or hereafter amended. The financial eligibility requirements of this subparagraph (c) shall apply regardless of whether the applicant for a senior citizen's pass owns taxable property or has obtained or applied for such property tax exemption.

(3) Each senior citizen's pass granted pursuant to this section is valid so long as the senior citizen meets the requirements of subsection (2)(b) of this section. Notwithstanding, any senior citizen meeting the eligibility requirements of this section may make a voluntary donation for the upkeep and maintenance of state parks.

(4) A holder of a senior citizen's pass shall surrender the pass upon request of a commission employee when the employee has reason to believe the holder fails to meet the criteria in subsection (2)(a), (b), or (c) of this section. The holder shall have the pass returned upon providing proof to the satisfaction of the director of the parks and recreation commission that the holder does meet the eligibility criteria for obtaining the senior citizen's pass.

(5) Any resident of Washington who is disabled as defined by the social security administration and who receives social security benefits for that disability, or any other benefits for that disability from any other governmental or nongovernmental source, or who is entitled to benefits for permanent disability under RCW 71A.10.020((~~(2)~~)) (3) due to unemployability full time at the minimum wage, or who is legally blind or profoundly deaf, or who has been issued a card, decal, or special license plate for a permanent disability under RCW 46.16.381 shall be entitled to receive, regardless of age and upon making application therefor, a disability pass at no cost to the holder. The pass shall (a) entitle such person, and members of his or her camping unit, to a fifty percent reduction in the campsite rental fee prescribed by the commission, and (b) entitle such person to free admission to any state park.

(6) A card, decal, or special license plate issued for a permanent disability under RCW 46.16.381 may serve as a pass for the holder to entitle that person and members of the person's camping unit to a fifty percent reduction in the campsite rental fee prescribed by the commission, and to allow the holder free admission to state parks.

(7) Any resident of Washington who is a veteran and has a service-connected disability of at least thirty percent shall be entitled to receive a lifetime veteran's disability pass at no cost to the holder. The pass shall (a) entitle such person, and members of his or her camping unit, to free use of any campsite within any state park; (b) entitle such person to free admission to any state park; and (c) entitle such person to an exemption from any reservation fees.

(8) All passes issued pursuant to this section shall be valid at all parks any time during the year: PROVIDED, That the pass shall not be valid for admission to concessionaire operated facilities.

(9) This section shall not affect or otherwise impair the power of the commission to continue or discontinue any other programs it has adopted for senior citizens.

(10) The commission shall adopt such rules ((~~and regulations~~)) as it finds appropriate for the administration of this section. Among other things, such rules ((~~and regulations~~)) shall prescribe a definition of "camping unit" which will authorize a reasonable number of persons traveling with the person having a pass to stay at the campsite rented by such person, a minimum Washington residency requirement for applicants for a senior citizen's pass and an application form to be completed by applicants for a senior citizen's pass.

Sec. 306. RCW 43.51.061 and 1969 ex.s. c 31 s 2 are each amended to read as follows:

((~~Notwithstanding any other provisions of this chapter or of other laws~~)) No provision of law relating to the commission((,)) shall prevent the commission ((~~may delegate~~)) from delegating to the director ((~~of parks and recreation~~)) such powers and duties of the commission as they may deem proper.

Sec. 307. RCW 43.51.060 and 1995 c 211 s 3 are each amended to read as follows:

The commission may:

(1) Make rules and regulations for the proper administration of its duties;

(2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;

(3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;

(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;

(5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;

(6) Charge such fees for services, utilities, and use of facilities as the commission shall deem proper;

(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed ten years;

(8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040((~~, and upon his recommendation, a supervisor of recreation,~~)) and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and

(9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.

PART IV

DUTIES OF THE DIRECTOR

NEW SECTION. Sec. 401. In addition to other duties the commission may from time to time impose, it is the duty of the director to:

(1) Ensure the control of weeds in parks to the extent required by RCW 17.04.160 and 17.10.205; and

(2) Participate in the operations of the environmental enhancement and job creation task force under chapter 43.21J RCW.

The director has the power reasonably necessary to carry out these duties.

Sec. 402. RCW 43.51.052 and 1997 c 137 s 2 are each amended to read as follows:

(1) The parks improvement account is hereby established in the state treasury.

(2) The ((~~parks and recreation~~)) commission shall deposit all moneys received from the sale of interpretive, recreational, and historical literature and materials in this account. Moneys in the account may be spent only for development, production, and distribution costs associated with literature and materials.

(3) Disbursements from the account shall be on the authority of the director ((~~of the parks and recreation commission~~)), or the director's designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW. No appropriation is required for disbursement of moneys to be used for support of further production of materials provided for in RCW 43.51.050(2) (as recodified by this act). The director may transfer a portion of the moneys in this account to the state parks renewal and stewardship account and may expend moneys so transferred for any purpose provided for in RCW 43.51.275 (as recodified by this act).

PART V

PROHIBITED ACTS AND PENALTIES

Sec. 501. RCW 46.61.587 and 1984 c 258 s 329 are each amended to read as follows:

Any violation of RCW 43.51.320 (as recodified by this act) or 46.61.585 or any rule ((~~promulgated~~)) adopted by the parks and recreation commission to enforce the provisions thereof ((~~shall be punished by a fine of not more than twenty-five dollars~~)) is a civil infraction as provided in chapter 7.84 RCW.

Sec. 502. RCW 7.84.010 and 1993 c 244 s 2 are each amended to read as follows:

The legislature declares that decriminalizing certain offenses contained in Titles 75, 76, 77, ((~~and~~)) 79, and 79A RCW and chapter((s)) 43.30((~~, 43.51, and 88.12~~)) RCW and any rules adopted pursuant to those titles and chapters would promote the more efficient administration of those titles and chapters. The purpose of this chapter is to provide a just, uniform, and efficient procedure for adjudicating those violations which, in any of these titles and chapters or rules adopted under these chapters or titles, are declared not to be criminal offenses. The legislature respectfully requests the supreme court to prescribe any rules of procedure necessary to implement this chapter.

Sec. 503. RCW 7.84.020 and 1993 c 244 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

"Infraction" means an offense which, by the terms of Title 75, 76, 77, ((or)) 79, or 79A RCW or chapter 43.30((~~, 43.51, or 88.12~~)) RCW and rules adopted under these titles and chapters, is declared not to be a criminal offense and is subject to the provisions of this chapter.

PART VI

PROCEDURES FOR DISPOSAL OF PARK LAND

Sec. 601. RCW 43.51.210 and 1998 c 42 s 1 are each amended to read as follows:

Whenever the ((~~state parks and recreation~~)) commission finds that any land under its control cannot advantageously be used for park purposes, it is authorized to dispose of such land by the method provided in this section or by the method provided in RCW 43.51.200 (as recodified by this act). If such lands are school or other grant lands, control thereof shall be relinquished by resolution of the commission to the proper state officials. If such lands were acquired under restrictive conveyances by which the state may hold them only so long as they are used for park purposes, they may be returned to the donor or grantors by the commission. All other such lands may be either sold by the commission to the highest bidder or exchanged for other lands of equal value by the commission, and all conveyance documents shall be executed by the governor. All such exchanges shall be accompanied by a transfer fee, to be set by the commission and paid by the other party to the transfer; such fee shall be paid into the parkland acquisition account established under RCW 43.51.200 as recodified by this act). Sealed bids on all sales shall be solicited at least twenty days in advance of the sale date by an advertisement appearing at least ((~~in three~~)) once a week for two consecutive ((~~issues of~~)) weeks in a newspaper of general circulation in the county in which the land to be sold is located. If the commission feels that no bid received adequately reflects the fair value of the land to be sold, it may reject all bids, and may call for new bids. All proceeds derived from the sale of such park property shall be paid into the park land acquisition account. All land considered for exchange shall be evaluated by the commission to determine its adaptability to park usage. The equal value of all lands exchanged shall first be determined by the appraisals to the satisfaction of the commission((~~: PROVIDED, That~~)). No sale or exchange of state park lands shall be made without the unanimous consent of the commission.

PART VII

VOLUNTEERS

NEW SECTION. Sec. 701. The commission shall cooperate in implementing and operating the conservation corps as required by chapter 43.220 RCW.

Sec. 702. RCW 43.220.160 and 1983 1st ex.s. c 40 s 16 are each amended to read as follows:

(1) There is established a conservation corps within the state parks and recreation commission.

(2) Specific work project areas of the state parks and recreation conservation corps may include the following:

(a) Restoration or development of park facilities;

(b) Trail construction and maintenance;

(d) Park and land rehabilitation;

(e) Fire suppression;

(f) Road repair; and

(g) Other projects as the state parks and recreation commission may determine. If ((~~appropriation~~)) appropriate facilities are available, the state parks and recreation commission may authorize carrying out projects which involve overnight stays.

PART VIII

SCENIC RIVER SYSTEM

Sec. 801. RCW 79.72.020 and 1994 c 264 s 64 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) ((~~"Department"~~)) "Commission" means the state parks and recreation commission.

(2) "Committee of participating agencies" or "committee" means a committee composed of the executive head, or the executive's designee, of each of the state departments of ecology, fish and wildlife, natural resources, and transportation, the state parks and recreation commission, the interagency committee for outdoor recreation, the Washington state association of counties, and the association of Washington cities. In addition, the governor shall appoint two public members of the committee. Public members of the committee shall be compensated in accordance with RCW 43.03.220 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.

When a specific river or river segment of the state's scenic river system is being considered by the committee, a representative of each participating local government associated with that river or river segment shall serve as a member of the committee.

(3) "Participating local government" means the legislative authority of any city or county, a portion of whose territorial jurisdiction is bounded by or includes a river or river segment of the state's scenic river system.

(4) "River" means a flowing body of water or a section, segment, or portion thereof.

(5) "River area" means a river and the land area in its immediate environs as established by the participating agencies not exceeding a width of one-quarter mile landward from the streamway on either side of the river.

(6) "Scenic easement" means the negotiated right to control the use of land, including the air space above the land, for the purpose of protecting the scenic view throughout the visual corridor.

(7) "Streamway" means that stream-dependent corridor of single or multiple, wet or dry, channel or channels within which the usual seasonal or stormwater run-off peaks are contained, and within which environment the flora, fauna, soil, and topography is dependent on or influenced by the height and velocity of the fluctuating river currents.

(8) "System" means all the rivers and river areas in the state designated by the legislature for inclusion as scenic rivers but does not include tributaries of a designated river unless specifically included by the legislature. The inclusion of a river in the system does not mean that other rivers or tributaries in a drainage basin shall be required to be part of the management program developed for the system unless the rivers and tributaries within the drainage basin are specifically designated for inclusion by the legislature.

(9) "Visual corridor" means that area which can be seen in a normal summer month by a person of normal vision walking either bank of a river included in the system. The visual corridor shall not exceed the river area.

Sec. 802. RCW 79.72.030 and 1977 ex.s. c 161 s 3 are each amended to read as follows:

(1) The ((~~department~~)) commission shall develop and adopt management policies for publicly owned or leased land on the rivers designated by the legislature as being a part of the state's scenic river system and within the associated river areas. The ((~~department~~)) commission may adopt ((~~regulations~~)) rules identifying river classifications which reflect the characteristics common to various segments of scenic rivers and may adopt management policies consistent with local government's shoreline management master plans appropriate for each such river classification. All such policies shall be subject to review by the committee of participating agencies. Once such a policy has been approved by a majority vote of the committee members, it shall be adopted by the ((~~department~~)) commission in accordance with the provisions of chapter 34.05 RCW, as now or hereafter amended. Any variance with such a policy by any public agency shall be authorized only by the approval of the committee of participating agencies by majority vote, and shall be made only to alleviate unusual hardships unique to a given segment of the system.

(2) Any policies developed pursuant to subsection (1) of this section shall include management plans for protecting ecological, economic, recreational, aesthetic, botanical, scenic, geological, hydrological, fish and wildlife, historical, cultural, archaeological, and scientific features of the rivers designated as being in the system. Such policies shall also include management plans to encourage any nonprofit group, organization, association, person, or corporation to develop and adopt programs for the purpose of increasing fish propagation.

(3) The committee of participating agencies shall, by two-thirds majority vote, identify on a river by river basis any publicly owned or leased lands which could be included in a river area of the system but which are developed in a manner unsuitable for land to be managed as part of the system. The ((~~department~~)) commission shall exclude lands so identified from the provisions of any management policies implementing the provisions of this chapter.

(4) The committee of participating agencies, by majority vote, shall determine the boundaries which shall define the river area associated with any included river. With respect to the rivers named in RCW 79.72.080 (as recodified by this act), the committee shall make such determination, and those determinations authorized by subsection (3) of this section, within one year of September 21, 1977.

(5) Before making a decision regarding the river area to be included in the system, a variance in policy, or the excluding of land from the provisions of the management policies, the committee shall hold hearings in accord with chapter 34.05 RCW, with at least one public hearing to be held in the general locale of the river under consideration. The ((~~department~~)) commission shall cause to be published in a newspaper of general circulation in the area which includes the river or rivers to be considered, a description, including a map showing such river or rivers, of the material to be considered at the public hearing. Such notice shall appear at least twice in the time period between two and four weeks prior to the public hearing.

(6) Meetings of the committee shall be called by the ((~~department~~)) commission or by written petition signed by five or more of the committee members. The ((~~chairman~~)) chair of the ((~~parks and recreation~~)) commission or the ((~~chairman's~~)) chair's designee shall serve as the ((~~chairman~~)) chair of any meetings of the committee held to implement the provisions of this chapter.

The committee shall seek and receive comments from the public regarding potential additions to the system, shall initiate studies, and may, through the ((~~department~~)) commission, submit to any session of the legislature proposals for additions to the state scenic river system. These proposals shall be accompanied by a detailed report on the factors which, in the committee's judgment, make an area a worthy addition to the system.

Sec. 803. RCW 79.72.040 and 1989 c 175 s 169 are each amended to read as follows:

(1) The management program for the system shall be administered by the ((~~department~~)) commission. The ((~~department~~)) commission shall have the responsibility for coordinating the development of the program between affected state agencies and participating local governments, and shall develop and adopt rules, in accord with chapter 34.05 RCW, the Administrative Procedure Act, for each portion of the system, which shall implement the management policies. In developing rules for a specific river in the system, the ((~~department~~)) commission shall hold at least one public hearing in the general locale of the river under consideration. The hearing may constitute the hearing required by chapter 34.05 RCW. The ((~~department~~)) commission shall cause a brief summary of the proposed rules to be published twice in a newspaper of general circulation in the area that includes the river to be considered in the period of time between two and four weeks prior to the public hearing. In addition to the foregoing required publication, the ((~~department~~)) commission shall also provide notice of the hearings, rules, and decisions of the ((~~department~~)) commission to radio and television stations and major local newspapers in the areas that include the river to be considered.

(2) In addition to any other powers granted to carry out the intent of this chapter, the ((~~department~~)) commission is authorized, subject to approval by majority vote of the members of the committee, to: (a) Purchase, within the river area, real property in fee or any lesser right or interest in real property including, but not limited to scenic easements and future development rights, visual corridors, wildlife habitats, unique ecological areas, historical sites, camping and picnic areas, boat launching sites, and/or easements abutting the river for the purpose of preserving or enhancing the river or facilitating the use of the river by the public for fishing, boating and other water related activities; and (b) purchase, outside of a river area, public access to the river area.

The right of eminent domain shall not be utilized in any purchase made pursuant to this section.

(3) The ((~~department~~)) commission is further authorized to: (a) Acquire by gift, devise, grant, or dedication the fee, an option to purchase, a right of first refusal or any other lesser right or interest in real property and upon acquisition such real property shall be held and managed within the scenic river system; and (b) accept grants, contributions, or funds from any agency, public or private, or individual for the purposes of this chapter.

(4) The ((~~department~~)) commission is hereby vested with the power to obtain injunctions and other appropriate relief against violations of any provisions of this chapter and any rules adopted under this section or agreements made under the provisions of this chapter.

Sec. 804. RCW 79.72.050 and 1977 ex.s. c 161 s 5 are each amended to read as follows:

(1) All state government agencies and local governments are hereby directed to pursue policies with regard to their respective activities, functions, powers, and duties which are designed to conserve and enhance the conditions of rivers which have been included in the system, in accordance with the management policies and the rules ((~~and regulations~~)) adopted by the ((~~department~~)) commission for such rivers. Local agencies are directed to pursue such policies with respect to all lands in the river area owned or leased by such local agencies. Nothing in this chapter shall authorize the modification of a shoreline management plan adopted by a local government and approved by the state pursuant to chapter 90.58 RCW without the approval of the department of ecology and local government. The policies adopted pursuant to this chapter shall be integrated, as fully as possible, with those of the shoreline management act of 1971.

(2) Nothing in this chapter shall grant to the committee of participating agencies or the ((~~department~~)) commission the power to restrict the use of private land without either the specific written consent of the owner thereof or the acquisition of rights in real property authorized by RCW 79.72.040 (as recodified by this act).

(3) Nothing in this chapter shall prohibit the department of natural resources from exercising its full responsibilities and obligations for the management of state trust lands.

Sec. 805. RCW 79.72.070 and 1988 c 36 s 58 are each amended to read as follows:

Nothing contained in this chapter shall affect the authority of the department of ((~~fisheries and the department of~~)) fish and wildlife to construct facilities or make improvements to facilitate the passage or propagation of fish nor shall anything in this chapter be construed to interfere with the powers, duties, and authority of the department of ((~~fisheries or the department of~~)) fish and wildlife to regulate, manage, conserve, and provide for the harvest of fish or wildlife within any area designated as being in the state's scenic river system((~~: PROVIDED, That~~)). No hunting shall be permitted in any state park.

PART IX

ACQUIRING AND DEVELOPING PARK HOLDINGS

Sec. 901. RCW 43.51.070 and 1965 c 8 s 43.51.070 are each amended to read as follows:

The commission may receive and accept donations of lands for state park purposes, and shall ((~~have~~)) be responsible for the management and control of all lands so acquired. It may from time to time recommend to the legislature the acquisition of lands for park purposes by purchase or condemnation.

Sec. 902. RCW 43.51.110 and 1965 c 8 s 43.51.110 are each amended to read as follows:

The commissioner of public lands may, upon his or her own motion, and shall, when directed so to do by the ((~~state parks and recreation~~)) commission, withdraw from sale any land held by the state and not acquired directly from the United States with reservations as to the manner of sale thereof and the purposes for which it may be sold, and certify to the commission that such land is withheld from sale pursuant to the terms of this section.

All such land shall be under the care, charge, control, and supervision of the ((~~state parks and recreation~~)) commission, and after appraisal in such manner as the commission directs may be exchanged for land of equal value ((~~abutting upon a public highway~~)), and to this end the ((~~chairman~~)) chair and secretary of the commission may execute deeds of conveyance in the name of the state.

Sec. 903. RCW 43.51.140 and 1982 c 156 s 2 are each amended to read as follows:

Any such individual, group, organization, agency, club, or association desiring to obtain such permit shall make application therefor in writing to the commission, describing the lands proposed to be improved and stating the nature of the proposed improvement. Prior to granting a permit, the commission shall determine that the applicants are ((~~persons of good standing in the community in which they reside~~)) likely to actually improve the park, parkway, or land subject to the application.

Sec. 904. RCW 43.51.220 and 1965 c 8 s 43.51.220 are each amended to read as follows:

To encourage the development of the Puget Sound country as a recreational boating area, the commission is authorized to establish landing, launch ramp, and other facilities for small pleasure boats at places on Puget Sound frequented by such boats and where the commission shall find such facilities will be of greatest advantage to the users of pleasure boats. The commission is authorized to acquire land or to make use of lands belonging to the state for such purposes, and to construct the necessary floats, launch ramp, and other desirable structures and to make such further development of any area used in connection therewith as in the judgment of the commission is best calculated to facilitate the public enjoyment thereof.

Sec. 905. RCW 43.51.237 and 1997 c 150 s 3 are each amended to read as follows:

(1) The commission shall develop a cost-effective plan to identify historic archaeological resources in at least one state park containing a military fort located in Puget Sound. The plan shall include the use of a professional archaeologist and volunteer citizens. ((~~By December 1, 1997, the commission shall submit a brief report to the appropriate standing committees of the legislature on how the plan will be implemented and the cost of the plan.~~))

(2) Any park land that is made available for use by recreational metal detectors under this section shall count toward the requirements established in RCW 43.51.235 (as recodified by this act).

Sec. 906. RCW 43.51.270 and 1995 c 211 s 4 are each amended to read as follows:

(1) The department of natural resources and the ((~~state parks and recreation~~)) commission shall have authority to negotiate ((a)) sales to the ((~~state parks and recreation~~)) commission, for park and outdoor recreation purposes, of trust lands at fair market value.

(2) The department of natural resources and the ((~~state parks and recreation~~)) commission shall negotiate a sale to the ((~~state parks and recreation~~)) commission of the lands and timber thereon identified in the joint study under section 4, chapter 163, Laws of 1985, and commonly referred to as the Point Lawrence trust property, San Juan county C on the extreme east point of Orcas Island. Timber conservation and management practices provided for in RCW 43.51.045 and 43.51.395 (as recodified by this act) shall govern the management of land and timber transferred under this subsection as of the effective date of the transfer, upon payment for the property, and nothing in this chapter shall be construed as restricting or otherwise modifying the department of natural resources' management, control, or use of such land and timber until such date.

NEW SECTION. Sec. 907. The commission is authorized to evaluate and acquire land under RCW 79.01.612 in cooperation with the department of natural resources.

NEW SECTION. Sec. 908. The commission may select land held by the department of natural resources for acquisition under RCW 79.08.102 (as recodified by this act) et seq.

PART X

SPECIAL PARKS‑-YAKIMA RIVER CONSERVATION AREA

Sec. 1001. RCW 43.51.948 and 1977 ex.s. c 75 s 2 are each amended to read as follows:

For the purposes of RCW 43.51.946 through 43.51.956 (as recodified by this act), the Yakima river conservation area is to contain no more than the area delineated in appendix D on pages D-3, D-4, D-6, D-7, D-9, and D-10 of the report entitled "The Yakima River Regional Greenway" which resulted from the Yakima river study authorized in section 170, chapter 269, Laws of 1975, first extraordinary session. This area is also defined as sections 12 and 17, township 13 north, range 18 east totaling approximately 18.0 acres, sections 7, 17, 18, 20, 21, 28, 29, 32, 33, township 13 north, range 19 east totaling approximately 936.0 acres, and sections 4, 5, 8, 9, 17, township 12 north, range 19 east totaling approximately 793.7 acres.

PART XI

SPECIAL PARKS‑-SEASHORE CONSERVATION AREA

Sec. 1101. RCW 43.51.720 and 1988 c 75 s 6 are each amended to read as follows:

Recreation management plans shall not prohibit or restrict public vehicles operated in the performance of official duties ((or)), vehicles responding to an emergency, or vehicles specially authorized by the director or the director's designee.

Sec. 1102. RCW 43.51.730 and 1988 c 75 s 8 are each amended to read as follows:

In preparing, adopting, or approving a recreation management plan, local jurisdictions and the commission shall consult with the ((~~department of fisheries, the~~)) department of fish and wildlife and the United States fish and wildlife service.

Sec. 1103. RCW 43.51.750 and 1988 c 75 s 12 are each amended to read as follows:

Any individual, partnership, corporation, association, organization, cooperative, local government, or state agency aggrieved by a decision of the commission under ((~~RCW 43.51.695 through 43.51.765~~)) this chapter may appeal under chapter 34.05 RCW.

PART XII

YOUTH DEVELOPMENT AND CONSERVATION CORPS

Sec. 1201. RCW 43.51.510 and 1965 c 8 s 43.51.510 are each amended to read as follows:

There is hereby created and established a youth development and conservation division within the ((~~state parks and recreation~~)) commission ((~~(hereafter referred to as the "commission")~~)). The commission shall appoint such supervisory personnel as necessary to carry out the purposes of RCW 43.51.500 through 43.51.570 (as recodified by this act).

Sec. 1202. RCW 43.51.540 and 1982 c 70 s 1 are each amended to read as follows:

(1) The minimum compensation shall be at the rate of twenty-five dollars per week, except that up to the minimum state wage may be paid on the basis of assigned leadership responsibilities or special skills.

(2) Enrollees shall be furnished quarters, subsistence, medical and hospital services, transportation, equipment, as the commission may deem necessary and appropriate for their needs. Such quarters, subsistence, and equipment may be furnished by any governmental or public agency.

(3) The compensation of enrollees of any program under this chapter may be paid biweekly.

PART XIII

UNDERWATER PARKS

Sec. 1301. RCW 43.51.432 and 1994 c 264 s 20 are each amended to read as follows:

The ((~~state parks and recreation~~)) commission may establish a system of underwater parks to provide for diverse recreational diving opportunities and to conserve and protect unique marine resources of the state of Washington. In establishing and maintaining an underwater park system, the commission may:

(1) Plan, construct, and maintain underwater parks;

(2) Acquire property and enter management agreements with other units of state government for the management of lands, tidelands, and bedlands as underwater parks;

(3) Construct artificial reefs and other underwater features to enhance marine life and recreational uses of an underwater park;

(4) Accept gifts and donations for the benefit of underwater parks;

(5) Facilitate private efforts to construct artificial reefs and underwater parks;

(6) Work with the federal government, local governments and other appropriate agencies of state government, including but not limited to: The department of natural resources, the department of fish and wildlife and the natural heritage council to carry out the purposes of ((~~RCW 43.51.430 through 43.51.438~~)) this chapter; and

(7) Contract with other state agencies or local governments for the management of an underwater park unit.

PART XIV

SPECIAL PARKS‑-WINTER RECREATION AREAS

Sec. 1401. RCW 43.51.290 and 1990 c 136 s 2 and 1990 c 49 s 2 are each reenacted and amended to read as follows:

In addition to its other powers, duties, and functions the ((~~state parks and recreation~~)) commission may:

(1) Plan, construct, and maintain suitable facilities for winter recreational activities on lands administered or acquired by the commission or as authorized on lands administered by other public agencies or private landowners by agreement;

(2) Provide and issue upon payment of the proper fee, under RCW 43.51.300 (as recodified by this act), 43.51.320 (as recodified by this act), and 46.61.585, with the assistance of such authorized agents as may be necessary for the convenience of the public, special permits to park in designated winter recreational area parking spaces;

(3) Administer the snow removal operations for all designated winter recreational area parking spaces; and

(4) Compile, publish, and distribute maps indicating such parking spaces, adjacent trails, and areas and facilities suitable for winter recreational activities.

The commission may contract with any public or private agency for the actual conduct of such duties, but shall remain responsible for the proper administration thereof. The commission is not liable for unintentional injuries to users of lands administered for winter recreation purposes under this section or under RCW 46.10.210, whether the lands are administered by the commission, by other public agencies, or by private landowners through agreement with the commission. Nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. A road covered with snow and groomed for the purposes of winter recreation consistent with this chapter and chapter 46.10 RCW shall not be presumed to be a known dangerous artificial latent condition for the purposes of this chapter.

PART XV

RECREATIONAL VESSELS

Sec. 1501. RCW 88.12.015 and 1993 c 244 s 6 are each amended to read as follows:

(1) ((~~It is a misdemeanor, punishable under RCW 9.92.030, for any person to commit~~)) A violation of this chapter designated as an infraction ((~~under this chapter~~)) is a misdemeanor, punishable under RCW 9.92.030, if ((during a period of three hundred sixty-five days the person has previously committed two infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations)) the current violation is the person's third violation of the same provision of this chapter during the past three hundred sixty-five days.

(2) A violation designated in this chapter as a civil infraction shall constitute a ((~~misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court~~)) civil infraction pursuant to chapter 7.84 RCW.

Sec. 1502. RCW 88.12.165 and 1984 c 183 s 3 are each amended to read as follows:

(1) All reports made to the commission pursuant to RCW ((~~88.12.130~~)) 88.12.155 and 43.51.400 (as recodified by this act) shall be without prejudice to the person who makes the report and shall be for the confidential usage of governmental agencies, except as follows:

(a) Statistical information which shall be made public;

(b) The names and addresses of the operator and owner and the registration number or name of the vessel as documented which was involved in an accident or casualty and the names and addresses of any witnesses which, if reported, shall be disclosed upon written request to any person involved in a reportable accident, or, for a reportable casualty, to any member of a decedent's family or the personal representatives of the family.

(2) A report made to the commission pursuant to RCW ((~~88.12.130~~)) 88.12.155 and 43.51.400 (as recodified by this act) or copy thereof shall not be used in any trial, civil or criminal, arising out of an accident or casualty, except that solely to prove a compliance or failure to comply with the report requirements of RCW ((~~88.12.130~~)) 88.12.155 and 43.51.400 (as recodified by this act), a certified statement which indicates that a report has or has not been made to the commission shall be provided upon demand to any court or upon written request to any person who has or claims to have made a report.

Sec. 1503. RCW 88.12.175 and 1987 c 427 s 1 are each amended to read as follows:

Law enforcement authorities, fire departments, or search and rescue units of any city or county government shall provide to the commission a report, prepared by the local government agency regarding any boating accident occurring within their jurisdiction resulting in a death or injury requiring hospitalization. Such report shall be provided to the commission within ten days of the occurrence of the accident. The results of any investigation of the accident conducted by the city or county governmental agency shall be included in the report provided to the commission. At the earliest opportunity, but in no case more than forty-eight hours after becoming aware of an accident, the agency shall notify the commission of the accident. The commission shall have authority to investigate any boating accident. The results of any investigation conducted by the commission shall be made available to the local government for further processing. This provision does not eliminate the requirement for a boating accident report by the operator required under RCW ((~~88.12.130~~)) 88.12.155 (as recodified by this act).

The report of a county coroner, or any public official assuming the functions of a coroner, concerning the death of any person resulting from a boating accident, shall be submitted to the commission within one week of completion. Information in such report may be, together with information in other such reports, incorporated into the state boating accident report provided for in RCW 43.51.400((~~(5)~~)) (4) (as recodified by this act), and shall be for the confidential usage of governmental agencies as provided in RCW ((~~88.12.140~~)) 88.12.165 (as recodified by this act).

Sec. 1504. RCW 88.12.195 and 1993 c 244 s 20 are each amended to read as follows:

Such notice as is required by RCW 88.12.185 (as recodified by this act) shall be given personally, or in writing; if in writing, it shall be served upon the owner, or may be sent by mail to the post office where such owner usually receives his or her letters. Such notice shall inform the party where the vessel was taken up, and where it may be found, and what amount the taker-up or finder demands for his or her charges.

Sec. 1505. RCW 88.12.205 and 1993 c 244 s 21 are each amended to read as follows:

(1) In all cases where the notice required by RCW 88.12.185 (as recodified by this act) is not given personally, it shall be the duty of the taker-up to post up at the post office nearest the place where such vessel may be taken up, a written notice of the taking up of such vessel((~~, which~~)). The written notice shall contain a description of the ((~~same~~)) vessel, with the name, if any is painted thereon, also the place where taken up, the place where the property may be found, and the charge for taking the same up.

(2) If the taker-up is traveling upon waters of the state, such notice shall additionally be posted up at the first post office he or she shall pass after the taking up((~~; and~~)).

(3) In all cases, ((~~he or she~~)) the person who took up the vessel shall at the time when, and place where, he or she posts up such notice, also mail a copy of such notice, directed to the postmaster of each post office on waters of the state, and within fifty miles of the place where such vessel is taken up.

Sec. 1506. RCW 88.12.295 and 1989 c 393 s 1 are each amended to read as follows:

The legislature finds that the waters of Washington state provide a unique and valuable recreational resource to large and growing numbers of boaters. Proper stewardship of, and respect for, these waters requires that, while enjoying them for their scenic and recreational benefits, boaters must exercise care to assure that such activities do not contribute to the despoliation of these waters, and that watercraft be operated in a safe and responsible manner. The legislature has specifically addressed the topic of access to clean and safe waterways by requiring the 1987 boating safety study and by establishing the Puget Sound ((~~water quality authority~~)) action team.

The legislature finds that there is a need to educate Washington's boating community about safe and responsible actions on our waters and to increase the level and visibility of the enforcement of boating laws. To address the incidence of fatalities and injuries due to recreational boating on our state's waters, local and state efforts directed towards safe boating must be stimulated. To provide for safe waterways and public enjoyment, portions of the watercraft excise tax and boat registration fees should be made available for boating safety and other boating recreation purposes.

In recognition of the need for clean waterways, and in keeping with the Puget Sound action team's water quality ((~~authority's 1987 management~~)) work plan, the legislature finds that adequate opportunities for responsible disposal of boat sewage must be made available. There is hereby established a five-year initiative to install sewage pumpout or sewage dump stations at appropriate marinas.

To assure the use of these sewage facilities, a boater environmental education program must accompany the five-year initiative and continue to educate boaters about boat wastes and aquatic resources.

The legislature also finds that, in light of the increasing numbers of boaters utilizing state waterways, a program to acquire and develop sufficient waterway access facilities for boaters must be undertaken.

To support boating safety, environmental protection and education, and public access to our waterways, the legislature declares that a portion of the income from boating-related activities, as specified in RCW 82.49.030 and 88.02.040, should support these efforts.

Sec. 1507. RCW 88.12.305 and 1994 c 264 s 81 are each amended to read as follows:

The commission, in consultation with the departments of ecology, fish and wildlife, natural resources, social and health services, and the Puget Sound ((~~water quality authority~~)) action team shall conduct a literature search and analyze pertinent studies to identify areas which are polluted or environmentally sensitive within the state's waters. Based on this review the commission shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of chapter 393, Laws of 1989 only.

Sec. 1508. RCW 88.12.365 and 1993 c 244 s 36 are each amended to read as follows:

The commission shall, in consultation with interested parties, review progress on installation of sewage pumpout and dump units, the boater environmental education program, and the boating safety program. ((~~The commission shall report its findings to the legislature by December 1994.~~))

Sec. 1509. RCW 88.12.385 and 1989 c 393 s 14 are each amended to read as follows:

The commission shall adopt rules as are necessary to carry out all sections of ((~~this act~~)) chapter 393, Laws of 1989 except for RCW ((~~88.12.410,~~)) 88.12.335 (as recodified by this act) and 82.49.030((~~, and 88.12.450(1)~~)). The commission shall comply with all applicable provisions of chapter 34.05 RCW in adopting the rules.

PART XVI

RECODIFICATION

NEW SECTION. Sec. 1601. The following sections are recodified as a new title in the Revised Code of Washington to be codified as Title 79A RCW:

RCW 43.51.020

RCW 43.51.030

RCW 43.51.040

RCW 43.51.045

RCW 43.51.046

RCW 43.51.048

RCW 43.51.050

RCW 43.51.052

RCW 43.51.055

RCW 43.51.060

RCW 43.51.061

RCW 43.51.062

RCW 43.51.063

RCW 43.51.065

RCW 43.51.070

RCW 43.51.090

RCW 43.51.100

RCW 43.51.110

RCW 43.51.112

RCW 43.51.1121

RCW 43.51.113

RCW 43.51.114

RCW 43.51.120

RCW 43.51.130

RCW 43.51.140

RCW 43.51.150

RCW 43.51.160

RCW 43.51.170

RCW 43.51.180

RCW 43.51.200

RCW 43.51.210

RCW 43.51.215

RCW 43.51.220

RCW 43.51.235

RCW 43.51.237

RCW 43.51.240

RCW 43.51.250

RCW 43.51.270

RCW 43.51.275

RCW 43.51.285

RCW 43.51.290

RCW 43.51.300

RCW 43.51.310

RCW 43.51.320

RCW 43.51.321

RCW 43.51.330

RCW 43.51.340

RCW 43.51.350

RCW 43.51.360

RCW 43.51.365

RCW 43.51.370

RCW 43.51.375

RCW 43.51.380

RCW 43.51.385

RCW 43.51.395

RCW 43.51.400

RCW 43.51.405

RCW 43.51.407

RCW 43.51.409

RCW 43.51.411

RCW 43.51.415

RCW 43.51.417

RCW 43.51.419

RCW 43.51.420

RCW 43.51.430

RCW 43.51.432

RCW 43.51.434

RCW 43.51.436

RCW 43.51.438

RCW 43.51.440

RCW 43.51.442

RCW 43.51.444

RCW 43.51.446

RCW 43.51.448

RCW 43.51.450

RCW 43.51.452

RCW 43.51.454

RCW 43.51.456

RCW 43.51.500

RCW 43.51.510

RCW 43.51.530

RCW 43.51.540

RCW 43.51.550

RCW 43.51.560

RCW 43.51.570

RCW 43.51.580

RCW 43.51.590

RCW 43.51.650

RCW 43.51.655

RCW 43.51.660

RCW 43.51.665

RCW 43.51.670

RCW 43.51.675

RCW 43.51.685

RCW 43.51.695

RCW 43.51.700

RCW 43.51.705

RCW 43.51.710

RCW 43.51.715

RCW 43.51.720

RCW 43.51.725

RCW 43.51.730

RCW 43.51.735

RCW 43.51.740

RCW 43.51.745

RCW 43.51.750

RCW 43.51.755

RCW 43.51.760

RCW 43.51.765

RCW 43.51.900

RCW 43.51.910

RCW 43.51.920

RCW 43.51.930

RCW 43.51.940

RCW 43.51.942

RCW 43.51.943

RCW 43.51.944

RCW 43.51.945

RCW 43.51.946

RCW 43.51.947

RCW 43.51.948

RCW 43.51.949

RCW 43.51.950

RCW 43.51.951

RCW 43.51.952

RCW 43.51.953

RCW 43.51.954

RCW 43.51.955

RCW 43.51.956

RCW 43.98.010

RCW 43.98.020

RCW 43.98.030

RCW 43.98.040

RCW 43.98.050

RCW 43.98.060

RCW 43.98.070

RCW 43.98.080

RCW 43.98.090

RCW 43.98A.005

RCW 43.98A.010

RCW 43.98A.020

RCW 43.98A.030

RCW 43.98A.040

RCW 43.98A.050

RCW 43.98A.060

RCW 43.98A.070

RCW 43.98A.080

RCW 43.98A.090

RCW 43.98A.100

RCW 43.98A.900

RCW 43.98B.005

RCW 43.98B.010

RCW 43.98B.020

RCW 43.98B.030

RCW 43.98B.900

RCW 43.98B.910

RCW 43.98B.920

RCW 43.99.010

RCW 43.99.020

RCW 43.99.025

RCW 43.99.030

RCW 43.99.040

RCW 43.99.050

RCW 43.99.060

RCW 43.99.070

RCW 43.99.080

RCW 43.99.095

RCW 43.99.100

RCW 43.99.110

RCW 43.99.120

RCW 43.99.124

RCW 43.99.126

RCW 43.99.130

RCW 43.99.135

RCW 43.99.142

RCW 43.99.146

RCW 43.99.150

RCW 43.99.170

RCW 43.99.800

RCW 43.99.810

RCW 43.99.820

RCW 43.99.830

RCW 43.99.900

RCW 43.99.910

RCW 67.18.005

RCW 67.18.010

RCW 67.18.020

RCW 67.18.030

RCW 67.18.040

RCW 67.18.050

RCW 67.18.900

RCW 67.32.010

RCW 67.32.020

RCW 67.32.030

RCW 67.32.040

RCW 67.32.050

RCW 67.32.060

RCW 67.32.070

RCW 67.32.080

RCW 67.32.090

RCW 67.32.100

RCW 67.32.110

RCW 67.32.130

RCW 67.32.140

RCW 70.88.010

RCW 70.88.020

RCW 70.88.030

RCW 70.88.040

RCW 70.88.050

RCW 70.88.060

RCW 70.88.070

RCW 70.88.080

RCW 70.88.090

RCW 70.88.100

RCW 70.117.010

RCW 70.117.015

RCW 70.117.020

RCW 70.117.025

RCW 70.117.030

RCW 70.117.040

RCW 77.12.720

RCW 77.12.730

RCW 77.12.740

RCW 79.08.102

RCW 79.08.104

RCW 79.08.106

RCW 79.08.1062

RCW 79.08.1064

RCW 79.08.1066

RCW 79.08.1069

RCW 79.08.1072

RCW 79.08.1074

RCW 79.08.1078

RCW 79.08.109

RCW 79.72.010

RCW 79.72.020

RCW 79.72.030

RCW 79.72.040

RCW 79.72.050

RCW 79.72.060

RCW 79.72.070

RCW 79.72.080

RCW 79.72.090

RCW 79.72.100

RCW 79.72.900

RCW 88.12.010

RCW 88.12.015

RCW 88.12.020

RCW 88.12.025

RCW 88.12.029

RCW 88.12.032

RCW 88.12.033

RCW 88.12.035

RCW 88.12.045

RCW 88.12.055

RCW 88.12.065

RCW 88.12.075

RCW 88.12.085

RCW 88.12.095

RCW 88.12.105

RCW 88.12.115

RCW 88.12.125

RCW 88.12.135

RCW 88.12.145

RCW 88.12.155

RCW 88.12.165

RCW 88.12.175

RCW 88.12.185

RCW 88.12.195

RCW 88.12.205

RCW 88.12.215

RCW 88.12.218

RCW 88.12.222

RCW 88.12.225

RCW 88.12.227

RCW 88.12.230

RCW 88.12.232

RCW 88.12.235

RCW 88.12.245

RCW 88.12.250

RCW 88.12.255

RCW 88.12.260

RCW 88.12.265

RCW 88.12.275

RCW 88.12.276

RCW 88.12.278

RCW 88.12.279

RCW 88.12.285

RCW 88.12.295

RCW 88.12.305

RCW 88.12.315

RCW 88.12.325

RCW 88.12.335

RCW 88.12.345

RCW 88.12.355

RCW 88.12.365

RCW 88.12.375

RCW 88.12.385

RCW 88.12.500

RCW 88.12.505

RCW 88.27.010

RCW 88.27.020

RCW 88.27.030

RCW 88.27.040

RCW 88.27.050

RCW 88.27.900

RCW 90.56.090

PART XVII

REPEALED SECTIONS

NEW SECTION. Sec. 1701. The following acts or parts of acts are each repealed:

(1) RCW 43.51.010 (Definitions) and 1965 c 8 s 43.51.010;

(2) RCW 79.08.108 (Exchange of lands to secure state park lands) and 1988 c 128 s 61 & 1953 c 96 s 1;

(3) RCW 43.51.047 (Sale of timber) and 1995 c 211 s 2 & 1984 c 82 s 3;

(4) RCW 43.51.080 (Parks in island counties) and 1965 c 8 s 43.51.080;

(5) RCW 43.51.545 (Compensation--Biweekly payment of compensation authorized) and 1965 ex.s. c 48 s 3;

(6) RCW 43.51.260 (Acquisition of Wallace Falls property authorized) and 1969 c 41 s 1 & 1965 c 146 s 2;

(7) RCW 43.51.355 (Authority of commission to implement RCW 43.51.350) and 1977 ex.s. c 266 s 2;

(8) RCW 43.51.230 (Lease with option to purchase parental school facilities) and 1965 c 8 s 43.51.230; and

(9) RCW 88.12.395 (Committee to adopt rules) and 1989 c 393 s 15.

PART XVIII

CODIFICATION DIRECTIVE

NEW SECTION. Sec. 1801. Sections 101, 301, 401, 701, 907, and 908 of this act are each added to Title 79A RCW, created in section 1601 of this act.

PART XIX

SEVERABILITY

NEW SECTION. Sec. 1901. 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.