H-2488.2          _______________________________________________

 

                   SUBSTITUTE HOUSE BILL 1916  -- CORRECTED COPY

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Revenue (originally sponsored by Representatives Belcher, Fraser, Wang, Phillips and Anderson; by request of Interagency for Outdoor Recreation).

 

Read first time March 10, 1991.  Referred to Committee on Revenue.Adopting the state lands stewardship act.


     AN ACT Relating to the establishment of a stewardship account for state-owned wildlife habitat, natural areas, parks, and other recreation sites; amending RCW 82.45.060 and 82.50.400; adding a new chapter to Title 43 RCW; and creating a new section.

 

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

 

     NEW SECTION.  Sec. 1.  SHORT TITLE.  This chapter shall be known as the state lands stewardship act.

 

     NEW SECTION.  Sec. 2.  PURPOSE.  (1) The legislature finds that:

     (a) The state of Washington owns and maintains a wide variety of wildlife habitat, natural areas, parks, and other recreation areas for the benefit of the citizens, wildlife, and other natural resources of the state;

     (b) Recent population growth has greatly increased the demands placed on these lands;

     (c) The importance of these lands to the state is increasing;

     (d) By itself, public ownership cannot guarantee that resources will be protected, or that appropriate recreational opportunities will be provided;

     (e) Only through ongoing, responsible management can wildlife habitat, sensitive ecosystems, and recreational values be protected; and

     (f) The responsibility of citizens to financially support operation and maintenance programs should be proportionate to the benefits received.

     (2) Therefore, it is the purpose of this chapter to provide a renewed dedication to, and create a mechanism for, ensuring adequate provisions for Washington's natural resource lands.  The goal of this chapter is to create a continuing fund source designed to protect resources, visitors, and public investments; and to maximize resource values, minimize long-term costs, and address the real cost of operation and maintenance.  This funding source will be supported by monetary assessments on those who benefit from responsible stewardship of state-owned natural resource lands.

 

     NEW SECTION.  Sec. 3.  STATE LANDS STEWARDSHIP ACCOUNT.  There is created the state lands stewardship account in the state treasury.

     (1) Moneys accumulated under this chapter shall be used exclusively for the purposes specified in this chapter.  Those purposes are to support operation and maintenance activities and costs associated with owning and managing resources.  This includes:

     (a) Basic responsibilities associated with holding and protecting property such as, but not limited to assessments, in-lieu property taxes, fire protection, and noxious weed control;

     (b) Structure, infrastructure, and other improved resource responsibilities associated with the built or manipulated environment;

     (c) Human use management responsibilities associated with visitor services and protection.

Land acquisition, facility development or replacement, and major renovation projects are excluded.

     (2) In the event that moneys provided under this chapter prove insufficient to meet identified needs, the following order of funding preference is provided.

     (a) Basic stewardship needs; and

     (b) Improved resource, human use management, and administrative needs.

     (3) It is intended that moneys disbursed from this account not replace funding levels from other state sources to recipient agencies for projects that exist on the effective date of this section.

     (4) Agencies eligible to receive funds from this account are the departments of fisheries, natural resources, and wildlife, and the state parks and recreation commission.

     (5) All receipts from sources identified in section 4 of this act shall be deposited into the account.  Moneys in the account may be spent only after appropriation.

 

     NEW SECTION.  Sec. 4.  STATE LANDS STEWARDSHIP ACCOUNT REVENUE SOURCES.  The state lands stewardship account shall consist of funds received through:

     (1) The real estate excise tax imposed under RCW 82.45.060(3); and

     (2) The annual excise tax imposed under RCW 82.50.400(2).

 

     NEW SECTION.  Sec. 5.  USER FEES.  This chapter recognizes that user fees are an important funding component in natural resource operation and maintenance programs.  Therefore, natural resource agencies authorized to collect such fees shall ensure that amounts collected are regularly evaluated and increased as appropriate.

 

     NEW SECTION.  Sec. 6.  REVENUE REVIEW.  As part of the state's biennial budget process, the amount of revenue deposited in the natural resources stewardship account and its adequacy to support responsible stewardship of state-owned lands shall be reviewed by the interagency committee for outdoor recreation.  Results of this review shall be forwarded to the governor and appropriate legislative committees.

 

     NEW SECTION.  Sec. 7.  CAPTIONS NOT LAW.  Section headings as used in this chapter do not constitute any part of the law.

 

     Sec. 8.  RCW 82.45.060 and 1987 c 472 s 14 are each amended to read as follows:

     (1) There is imposed an excise tax upon each sale of real property at the rate of one and twenty-eight one-hundredths percent of the selling price.  An amount equal to seven and seven-tenths percent of the proceeds of this tax to the state treasurer shall be deposited in the public works assistance account created in RCW 43.155.050.

     (2) There is imposed an additional excise tax through June 30, 1989, upon each sale of real property at the rate of six one-hundredths of one percent of the selling price.  The tax imposed under this subsection shall be deposited in the conservation area account under RCW 79.71.110.

     (3) There is imposed an additional excise tax upon each sale of real property at the rate of five-hundredths of one percent on the amount of the sale price in excess of fifty thousand dollars.  The tax imposed under this subsection shall be deposited in the state lands stewardship account under section 3 of this 1991 act.

 

     Sec. 9.  RCW 82.50.400 and 1990 c 42 s 320 are each amended to read as follows:

     (1) An annual excise tax is imposed on the owner of any travel trailer or camper for the privilege of using such travel trailer or camper in this state.  The excise tax hereby imposed shall be due and payable to the department of licensing or its agents at the time of registration of a travel trailer or camper.  Whenever an application is made to the department of licensing or its agents for a license for a travel trailer or camper there shall be collected, in addition to the amount of the license fee or renewal license fee, the amount of the excise tax imposed by this chapter, and no dealer's license or license plates, and no license or license plates for a travel trailer or camper may be issued unless such tax is paid in full.  No additional tax shall be imposed under this chapter upon any travel trailer or camper upon the transfer of ownership thereof, if the tax imposed by this chapter with respect to such travel trailer or camper has already been paid for the registration year or fractional part thereof in which such transfer occurs.

     (2) An excise tax of one-half of one percent, in addition to the excise tax imposed under RCW 82.44.020 and 82.50.410 is imposed on the value of motor homes as determined by RCW 82.44.041, and on the value of travel trailers and campers as determined by RCW 82.50.425.  The tax in no case shall be less than two dollars.

     The tax imposed under this section is due and payable to the department of licensing or its agents at the time of registration and annual renewal of registration of any motor home, travel trailer, and camper with a registration date that expires in January 1993 and thereafter.  The director of licensing shall transmit the excise tax collected under this subsection to the state treasurer.  The state treasurer shall deposit the excise taxes collected under this subsection to the state lands stewardship account created in section 3 of this act.

 

     NEW SECTION.  Sec. 10.     (1) The state parks and recreation commission shall conduct a review of fees charged to park users.   The commission's review shall:

     (a) Examine current park use including use by campers, day users, boaters, recreational vehicle operators, and other users of park facilities;

     (b) Examine the extent to which the users' fees support their use of park facilities; and

     (c) Propose alternatives to the current fee structure of park fees that would equitably distribute the costs of operating state parks among the various user groups.

     (2) The commission shall submit the results of the review to the office of financial management and the appropriate committees of the legislature by April 15, 1992.

 

     NEW SECTION.  Sec. 11.  Sections 1 through 7 of this act shall constitute a new chapter in Title 43 RCW.