BILL REQ. #:  S-0216.4 



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SENATE BILL 5057
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State of Washington63rd Legislature2013 Regular Session

By Senators Ericksen, Hargrove, Sheldon, Holmquist Newbry, Becker, King, Honeyford, and Shin

Read first time 01/16/13.   Referred to Committee on Natural Resources & Parks .



     AN ACT Relating to outdoor recreation on lands purchased by a private, not-for-profit organization acquired in whole or part with public funds; adding a new section to chapter 79A.25 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 79A.05 RCW; adding a new section to chapter 90.71 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79A.25 RCW to read as follows:
     (1) A private, not-for-profit organization acquiring real property under either (a) or (b) of this subsection may not prohibit or restrict public access for purposes of hunting, fishing, trapping, or other outdoor recreation on that property beyond any prohibitions or restrictions in effect immediately prior to acquisition of the property by that organization. This section applies to a private, not-for-profit organization acquiring property:
     (a) Using any funds distributed by or reimbursed from a state agency, including the office and the boards administered by the office, the department of natural resources, the department of fish and wildlife, the Puget Sound partnership, the state parks and recreation commission, and the department of ecology, for purposes of the acquisition through grant programs or other funding mechanisms, including for purposes of salmon recovery funding, estuary restoration, or through the Washington wildlife and recreation program; or
     (b) Through a transfer from a local or state agency, a tribal government, or the federal government where the property was acquired using state funds or any funds provided by or reimbursed from a state agency.
     (2) When providing funds for acquisitions by or transferring lands to a private, not-for-profit organization, state agencies must include conditions consistent with this section as part of the funding or acquisition agreement.
     (3) When a state or local agency discovers a potential violation of this section, the state or local agency shall provide notice and relevant information to the appropriate committees of the senate and house of representatives by the earlier of December 1st of that year or within sixty days of the discovery.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.30 RCW under the subchapter heading "Part 5 powers and duties - general" to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.21A RCW to read as follows:
     The department shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 79A.05 RCW to read as follows:
     The commission shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 6   A new section is added to chapter 90.71 RCW to read as follows:
     The partnership shall comply with the applicable requirements of section 1 of this act.

NEW SECTION.  Sec. 7   Section 1(1) and (3) of this act applies retroactively to all applicable land transactions since January 1, 1962, but in all other respects this act applies prospectively.

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