BILL REQ. #: S-0564.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/07/13. Referred to Committee on Natural Resources & Parks.
AN ACT Relating to state parks and recreation; amending RCW 79A.05.015, 79A.05.065, 79A.05.215, 79A.80.010, 79A.80.020, 79A.80.050, 79A.80.090, and 79A.05.351; adding a new section to chapter 79A.05 RCW; adding new sections to chapter 79A.80 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature, in
recognition of the centennial of the Washington state parks system, to
reaffirm the intent of the legislature as expressed in section 1,
chapter 211, Laws of 1995: To stabilize the funding of the state parks
system through commitment of continuing general fund support; to ensure
access to state parks and recreation lands for the poor; to affirm the
support of the commission form of governance; and to provide for
additional improvements in the funding and operation of state parks and
recreation. The legislature recognizes that the Washington state parks
and recreation commission needs to generate revenues from nonrecreation
usages of state parks resources at market rates, and from recreation
usages at reasonable rates, but that the adequate maintenance and
operation of the state parks system requires that there be an ongoing
commitment of general government resources sufficient to secure the
future of the state parks system.
Sec. 2 RCW 79A.05.015 and 1999 c 249 s 201 are each amended to
read as follows:
There is hereby created a "state parks and recreation commission"
consisting of seven 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)) June 30th of ((even)) odd-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.
In making the appointments to the commission, the governor shall
choose 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. 3 RCW 79A.05.065 and 2011 c 171 s 115 are each amended to
read as follows:
(1)(a) The commission shall grant to any person who meets the
eligibility requirements specified in this section a senior citizen's
pass which shall((: (i))) entitle such a person, and members of his or
her camping unit, to a fifty percent reduction in the campsite rental
fee prescribed by the commission((; and (ii) entitle such a person to
free admission to any state park)).
(b) The commission shall grant a senior citizen's pass to any
person who applies for the senior citizen's pass and who meets the
following requirements:
(i) The person is at least sixty-two years of age;
(ii) The person is a domiciliary of the state of Washington and
meets reasonable residency requirements prescribed by the commission;
and
(iii) The person and his or her spouse have a combined income that
would qualify the person for a property tax exemption pursuant to RCW
84.36.381. The financial eligibility requirements of this subsection
(1)(b)(iii) 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.
(c) Each senior citizen's pass granted pursuant to this section is
valid as long as the senior citizen meets the requirements of (b)(ii)
of this subsection. A senior citizen meeting the eligibility
requirements of this section may make a voluntary donation for the
upkeep and maintenance of state parks.
(d) 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 (b) of this
subsection. The holder shall have the pass returned upon providing
proof to the satisfaction of the director that the holder meets the
eligibility criteria for obtaining the senior citizen's pass.
(2)(a) 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(((3))) (4) 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 46.19.010 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((: (i))) entitle such a person,
and members of his or her camping unit, to a fifty percent reduction in
the campsite rental fee prescribed by the commission((; and (ii)
entitle such a person to free admission to any state park)).
(b) A card, decal, or special license plate issued for a permanent
disability under RCW 46.19.010 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)).
(3) 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 a person, and members of his or her
camping unit, to free use of any campsite within any state park; and
(b) ((entitle such a person to free admission to any state park; and
(c))) entitle such a person to an exemption from any reservation fees.
(4)(a) Any Washington state resident who provides out-of-home care
to a child, as either a licensed foster-family home or a person related
to the child, is entitled to a foster home pass.
(b) An applicant for a foster home pass must request a pass in the
manner required by the commission. Upon receipt of a properly
submitted request, the commission shall verify with the department of
social and health services that the applicant qualifies under (a) of
this subsection. Once issued, a foster home pass is valid for the
period, which may not be less than one year, designated by the
commission.
(c) When accompanied by a child receiving out-of-home care from the
pass holder, a foster home pass((: (i))) entitles such a person, and
members of his or her camping unit, to free use of any campsite within
any state park((; and (ii) entitles such a person to free admission to
any state park)).
(d) For the purposes of this subsection (4):
(i) "Out-of-home care" means placement in a foster-family home or
with a person related to the child under the authority of chapter
13.32A, 13.34, or 74.13 RCW;
(ii) "Foster-family home" has the same meaning as defined in RCW
74.15.020; and
(iii) "Person related to the child" means those persons referred to
in RCW 74.15.020(2)(a) (i) through (vi).
(5) All passes issued pursuant to this section are valid at all
parks any time during the year. However, the pass is not valid for
admission to concessionaire operated facilities.
(6) The commission shall negotiate payment and costs, to allow
holders of a foster home pass free access and usage of park campsites,
with the following nonoperated, nonstate-owned parks: Central Ferry,
Chief Timothy, Crow Butte, and Lyons Ferry. The commission shall seek
state general fund reimbursement on a biennial basis.
(7) The commission may deny or revoke any Washington state park
pass issued under this section for cause, including but not limited to
the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction
from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or
park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application
for a state parks pass;
(f) Refusing to display or show the pass to park employees when
requested; or
(g) Failing to provide current eligibility information upon request
by the agency or when eligibility ceases or changes.
(8) 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.
(9) The commission may engage in a mutually agreed upon reciprocal
or discounted program for all or specific pass programs with other
outdoor recreation agencies.
(10) The commission shall adopt those rules as it finds appropriate
for the administration of this section. Among other things, the rules
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 a 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. 4 RCW 79A.05.215 and 2011 c 320 s 22 are each amended to
read as follows:
The state parks renewal and stewardship account is created in the
state treasury. Except as otherwise provided in this chapter, all
receipts from user fees, concessions, leases, donations collected under
RCW 46.16A.090(3), and other state park-based activities shall be
deposited into the account. The proceeds from the recreation access
pass account created in RCW 79A.80.090 and the transfers from the state
general fund pursuant to section 10 of this act must be used for the
purpose of operating and maintaining state parks. Expenditures from
the account may be used for operating state parks, developing and
renovating park facilities, undertaking deferred maintenance, enhancing
park stewardship, and other state park purposes. Expenditures from the
account may be made only after appropriation by the legislature.
Sec. 5 RCW 79A.80.010 and 2012 c 261 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and
wildlife, the department of natural resources, and the parks and
recreation commission.
(2) "Annual natural investment permit" means the annual permit
issued by the parks and recreation commission for the purpose of
launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee
on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in RCW 79A.80.030.
(5) "Discover pass" means the annual pass created in RCW
79A.80.020.
(6) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 and which are required to be registered under chapter 46.16A
RCW. "Motor vehicle" does not include those motor vehicles exempt from
registration under RCW 46.16A.080 and state and publicly owned motor
vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park, state lands and
state forest lands as those terms are defined in RCW 79.02.010, natural
resources conservation areas as that term is defined in RCW 79.71.030,
natural area preserves as that term is defined in RCW 79.70.020, and
fish and wildlife conservation sites including water access areas, boat
ramps, wildlife areas, parking areas, roads, and trailheads.
(8) "Sno-park seasonal permit" means the seasonal permit issued by
the parks and recreation commission for providing access to winter
recreational facilities for the period of November 1st through March
31st.
(9) "Vehicle access pass" means the pass created in RCW 79A.80.040.
(10) "Washington state parks license plate" means the special
license plate recognizing Washington state parks approved in RCW
46.18.200.
Sec. 6 RCW 79A.80.020 and 2012 c 261 s 2 are each amended to read
as follows:
(1) Except as otherwise provided in RCW 79A.80.050, 79A.80.060, and
79A.80.070, a discover pass is required for any motor vehicle to park
or operate on any recreation site or lands, except for short-term
parking as may be authorized under RCW 79A.80.070.
(2) The cost of a discover pass is thirty dollars. Every four
years the office of financial management must review the cost of the
discover pass and, if necessary, recommend to the legislature an
adjustment to the cost of the discover pass to account for inflation.
(3) A discover pass is valid for one year beginning from the date
that the discover pass is marked for activation. The activation date
may differ from the purchase date pursuant to any policies developed by
the agencies.
(4) Sales of discover passes must be consistent with RCW
79A.80.100.
(5) The discover pass must contain space for two motor vehicle
license plate numbers. A discover pass is valid only for those vehicle
license plate numbers written on the pass. However, the agencies may
offer for sale a family discover pass that is fully transferable among
vehicles and does not require the placement of a license plate number
on the pass to be valid. The agencies must collectively set a price
for the sale of a family discover pass that is no more than fifty
dollars. A discover pass is valid only for use with one motor vehicle
at any one time.
(6)(a) One complimentary discover pass must be provided to a
volunteer who performed twenty-four hours of service on agency-sanctioned volunteer projects in a year. The agency must provide
vouchers to volunteers identifying the number of volunteer hours they
have provided for each project. The vouchers may be brought to an
agency to be redeemed for a discover pass.
(b) Married spouses under chapter 26.04 RCW may present an agency
with combined vouchers demonstrating the collective performance of
twenty-four hours of service on agency-sanctioned volunteer projects in
a year to be redeemed for a single complimentary discover pass.
(7) A complimentary discover pass must be provided to any
Washington state resident who is the registered owner of a vehicle and
who provides proof of eligibility for food stamps.
(8) A complimentary discover pass must be provided to any person
who qualifies for free or reduced camping pursuant to RCW 79A.05.065.
Sec. 7 RCW 79A.80.050 and 2012 c 261 s 6 are each amended to read
as follows:
(1) A discover pass or a day-use permit are not required within a
state park for persons who have a valid camper registration, or annual
natural investment permit, issued by the state parks and recreation
commission, or for vehicles displaying a Washington state parks license
plate.
(2) The state parks and recreation commission must provide up to
twelve days a year where entry to state parks is free. At least three
of those days must be on weekends. When practicable, the free access
days should be timed to correspond with any similar free access days
planned by the national park service for national parks located in the
general region of high volume state parks.
Sec. 8 RCW 79A.80.090 and 2011 c 320 s 10 are each amended to
read as follows:
(1) The recreation access pass account is created in the state
treasury. All moneys received from the sale of discover passes and
day-use permits must be deposited into the account.
(2) Each fiscal biennium, the first seventy-one million dollars in
revenue from the sales of discover passes and day-use permits must be
distributed to the agencies in the following manner:
(a) Eight percent to the department of fish and wildlife and
deposited into the state wildlife account created in RCW 77.12.170;
(b) Eight percent to the department of natural resources and
deposited into the park land trust revolving fund created in RCW
43.30.385; and
(c) Eighty-four percent to the state parks and recreation
commission and deposited into the state parks renewal and stewardship
account created in RCW 79A.05.215.
(3) Each fiscal biennium, revenues in excess of seventy-one million
dollars must be distributed equally among the agencies to the accounts
identified in subsection (2) of this section.
(4) Revenues transferred to the account from the state general fund
pursuant to sections 10 and 11 of this act must be distributed in the
same proportion as sales revenue is distributed pursuant to subsection
(2) of this section.
NEW SECTION. Sec. 9 A new section is added to chapter 79A.05 RCW
to read as follows:
On September 1st of each year, the state treasurer shall transfer
from the state general fund to the state parks renewal and stewardship
account an amount equal to the campsite rental fees and reservation
fees foregone pursuant to RCW 79A.05.065 during the immediately
preceding fiscal year.
NEW SECTION. Sec. 10 A new section is added to chapter 79A.80
RCW to read as follows:
On September 1st of each year, the state treasurer shall transfer
from the state general fund to the recreation access pass account an
amount equal to the sales of discover passes and day-use permits during
the immediately preceding fiscal year. These general fund matching
funds must be distributed to the department of fish and wildlife, the
department of natural resources, and the state parks and recreation
commission in the same manner and in the same proportions as the sales
revenues would be distributed as provided in RCW 79A.80.090.
NEW SECTION. Sec. 11 A new section is added to chapter 79A.80
RCW to read as follows:
On September 1st of each year, the state treasurer shall transfer
from the state general fund to the recreation access pass account an
amount equal to the value of discover passes provided pursuant to RCW
79A.80.020 (7) and (8) during the immediately preceding fiscal year.
These funds must be distributed to the department of fish and wildlife,
the department of natural resources, and the state parks and recreation
commission in the same manner and in the same proportions as the sales
revenues would be distributed as provided in RCW 79A.80.090, except
that the first one million dollars to be distributed each fiscal year
to the commission must be deposited in the outdoor education and
recreation program account created in RCW 79A.05.351.
Sec. 12 RCW 79A.05.351 and 2007 c 176 s 2 are each amended to
read as follows:
(1) The outdoor education and recreation grant program is hereby
created, subject to the availability of funds in the outdoor education
and recreation program account. The commission shall establish and
implement the program by rule to: (a) Ensure access to state
recreation lands by youth participating in programs sponsored by
private nonprofit organizations when the requirement for the discover
pass creates a financial barrier to participation; and (b) provide
opportunities for public agencies, private nonprofit organizations,
formal school programs, nonformal after-school programs, and community-based programs to receive grants from the account. Programs that
provide outdoor education opportunities to schools shall be fully
aligned with the state's essential academic learning requirements.
(2) The program shall ((be phased in beginning with the schools and
students with the greatest needs in suburban, rural, and urban areas of
the state. The program shall focus on students who qualify for free
and reduced-price lunch, who are most likely to fail academically, or
who have the greatest potential to drop out of school.)) prioritize the assurance of access to state recreation lands
and otherwise be phased in beginning with the schools and students with
the greatest needs in suburban, rural, and urban areas of the state.
The program must focus on: (a) Youth in low-income and economically
distressed areas of the state; and (b) students who qualify for free
and reduced-price lunch, who are most likely to fail academically, or
who have the greatest potential to drop out of school.
(3) The director shall set priorities and develop criteria for the
awarding of grants to outdoor environmental, ecological, agricultural,
or other natural resource-based education and recreation programs
considering at least the following:
(a) Programs that contribute to the reduction of academic failure
and dropout rates;
(b) Programs that make use of research-based, effective
environmental, ecological, agricultural, or other natural resource-based education curriculum;
(c) Programs that contribute to healthy life styles through outdoor
recreation and sound nutrition;
(d) Various Washington state parks as venues and use of the
commission's personnel as a resource;
(e) Programs that maximize the number of participants that can be
served;
(f) Programs that will commit matching and in-kind resources;
(g) Programs that create partnerships with public and private
entities;
(h) Programs that provide students with opportunities to directly
experience and understand nature and the natural world; and
(i) Programs that include ongoing program evaluation, assessment,
and reporting of their effectiveness.
(4) The director shall create an advisory committee to assist and
advise the commission in the development and administration of the
outdoor education and recreation program. The director should solicit
representation on the committee from the office of the superintendent
of public instruction, the department of fish and wildlife, the
business community, outdoor organizations with an interest in
education, and any others the commission deems sufficient to ensure a
cross section of stakeholders. When the director creates such an
advisory committee, its members shall be reimbursed from the outdoor
education and recreation program account for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(5)
(3) For the purposes described in subsection (1)(a) of this
section, the director shall set priorities and develop criteria for the
awarding of grants to private nonprofit organizations considering at
least the following:
(a) Programs that ensure access to state recreation lands for youth
who might not otherwise participate because of the financial barrier
created by the requirement for the discover pass; and
(b) Programs that use Washington state parks as venues and the
commission's personnel as a resource.
(4) For the purposes described in subsection (1)(b) of this
section, the director shall set priorities and develop criteria for the
awarding of grants to outdoor environmental, ecological, agricultural,
or other natural resource-based education and recreation programs
considering at least the following:
(a) Programs that contribute to the reduction of academic failure
and dropout rates;
(b) Programs that make use of research-based, effective
environmental, ecological, agricultural, or other natural resource-based education curriculum;
(c) Programs that contribute to healthy lifestyles through outdoor
recreation and sound nutrition;
(d) Programs that use Washington state parks as venues and the
commission's personnel as a resource;
(e) Programs that maximize the number of participants that can be
served;
(f) Programs that will commit matching and in-kind resources;
(g) Programs that create partnerships with public and private
entities;
(h) Programs that provide students with opportunities to directly
experience and understand nature and the natural world; and
(i) Programs that include ongoing program evaluation, assessment,
and reporting of their effectiveness.
(5) The director shall create an advisory committee to assist and
advise the commission in the development and administration of the
outdoor education and recreation program. The director should solicit
representation on the committee from the office of the superintendent
of public instruction, the department of fish and wildlife, the
business community, outdoor organizations with an interest in
education, and any others the commission deems sufficient to ensure a
cross-section of stakeholders. When the director creates such an
advisory committee, its members must be reimbursed from the outdoor
education and recreation program account for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(6) The outdoor education and recreation program account is created
in the custody of the state treasurer. Funds deposited in the outdoor
education and recreation program account shall be transferred only to
the commission to be used solely for the commission's outdoor education
and recreation program purposes identified in this section including
the administration of the program. The director may accept gifts,
grants, donations, or moneys from any source for deposit in the outdoor
education and recreation program account. Any public agency in this
state may develop and implement outdoor education and recreation
programs. The director may make grants to public agencies and contract
with any public or private agency or person to develop and implement
outdoor education and recreation programs. The outdoor education and
recreation program account is subject to allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures.
NEW SECTION. Sec. 13 This act may be known and cited as the
state parks and recreation centennial act.