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SENATE BILL NO. 6559
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AS AMENDED BY THE HOUSE
C 136 L 90
State of Washington 51st Legislature 1990 Regular Session
By Senators Sellar, Kreidler and Metcalf; by request of Parks and Recreation Commission
Read first time 1/17/90 and referred to Committee on Environment & Natural Resources.
AN ACT Relating to reimbursement for costs of plan review and construction approval of winter recreational facilities; and amending RCW 70.88.070, 43.51.290, and 70.88.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 7, chapter 327, Laws of 1959 as last amended by section 1, chapter 74, Laws of 1975 1st ex. sess. and RCW 70.88.070 are each amended to read as follows:
The expenses incurred in connection with making inspections under this chapter shall be paid by the owner or operator of such recreational devices either by reimbursing the commission for the costs incurred or by paying directly such individuals or firms that may be engaged by the commission to accomplish the inspection service. Payment shall be made only upon notification by the commission of the amount due. The commission shall maintain accurate and complete records of the costs incurred for each inspection and plan review for construction approval and shall assess the respective owners or operators of said recreational devices only for the actual costs incurred by the commission for such safety inspections and plan review for construction approval. The costs as assessed by the commission shall be a lien on the equipment of the owner or operator of the recreational devices so inspected. Such moneys collected by the commission hereunder shall be paid into the parks and parkways account of the general fund.
Sec. 2. Section 1, chapter 209, Laws of 1975 1st ex. sess. as amended by section 1, chapter 11, Laws of 1982 and RCW 43.51.290 are each 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, with the assistance of such authorized agents as may be necessary for the convenience of the public, a permit 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.
Sec. 3. Section 8, chapter 327, Laws of 1959 and RCW 70.88.080 are each amended to read as follows:
Inspections,
rules, and orders of the ((department)) state parks and recreation
commission resulting from the exercise of the provisions of this chapter,
as well as under RCW 70.88.020, shall not in any manner be deemed to impose
liability upon the state for any injury or damage resulting from the operation
of the facilities regulated by this chapter, and all actions of the ((department))
state parks and recreation commission and its personnel shall be deemed
to be an exercise of the police power of the state.