S-0788.1/91       _______________________________________________

 

                                 SENATE BILL 5206

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Matson, Vognild and Amondson.

 

Read first time January 24, 1991.  Referred to Committee on Environment & Natural Resources.Funding search and rescue activities.


     AN ACT Relating to funding search and rescue activities; amending RCW 46.09.030, 46.09.070, and 46.09.110; and adding new sections to chapter 43.63A RCW.

 

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

 

     NEW SECTION.  Sec. 1.  The citizens of Washington state have historically enjoyed the benefits of a state where year round outdoor recreation is easily available.  There are eight thousand active volunteers in Washington state who spend their own time, use their own equipment, and sometimes place their lives at risk to search for and rescue outdoor enthusiasts and others who find themselves in difficulty.

     It is the purpose of sections 1 through 6 of this act to recognize the contribution of these volunteers; enhance the training provided to them; continue to reimburse them for out-of-pocket expenses, including costs of damaged, lost, or destroyed equipment used in organized, official search and rescue missions; continue to recompense them for medical costs incurred by participation in official search and rescue missions, including training missions; and assist them in providing training to the public and ongoing training to the volunteers in search and rescue technique and theory.

 

     NEW SECTION.  Sec. 2.  As used in sections 1 through 6 of this act:

     "Volunteer" means a person who is registered as an emergency worker as defined in RCW 38.52.010.

     "Emergency management," "emergency worker," "local organization for emergency services or management," and "search and rescue" have the same meaning as in chapter 38.52 RCW.

     "Search and rescue worker" means an emergency worker who is engaged in a search and rescue mission.

     "Official search and rescue mission" means an operation initiated by the chief law enforcement official of any state jurisdiction under chapter 38.52 RCW that has acquired authorization through the assignment of a mission number from the department of community development.

 

     NEW SECTION.  Sec. 3.  The department may use funds from the search and rescue fund established in section 6 of this act to reimburse and compensate search and rescue workers in accordance with chapter 38.52 RCW.

 

     NEW SECTION.  Sec. 4.  The department may use funds from the search and rescue fund established in section 6 of this act to develop and administer search and rescue programs to train and support search and rescue volunteers and the local officials who manage search and rescue operations.  In developing these programs, the department shall consult and work with the Washington state search and rescue advisory council and an organization composed of representatives of local entities responsible for coordinating search and rescue activities.  Training programs and materials must be approved by the Washington state criminal justice training commission.  The agency sponsoring the program is responsible for hiring trainers.

 

     NEW SECTION.  Sec. 5.  (1) The search and rescue grant program is established within the department to provide grants for training.  Training grants may be used for:

     (a) Costs and reimbursement for volunteers attending search and rescue training provided by the department or by local jurisdictions, search and rescue councils, or other organizations.

     (b) Grants for new search and rescue and preventive search and rescue training courses and materials not available from the department.  Local jurisdictions, search and rescue councils, and other organizations may compete for grants to cover costs incurred in developing and providing training and materials.

     (2) All grants authorized by this section must be matched dollar for dollar.  In-kind match is eligible.

     Application periods, criteria, eligibility and other regulations for administration of the grants established by this section shall be established by the department in consultation with the state search and rescue advisory council and an organization composed of representatives of local entities responsible for coordinating search and rescue activities.

     Grantee approval shall be made by the department in consultation with the state search and rescue advisory council and an organization composed of representatives of local entities responsible for coordinating search and rescue activities.

 

     NEW SECTION.  Sec. 6.  The search and rescue fund is hereby established in the custody of the state treasurer.  The department of community development shall deposit in the fund all moneys received from a surcharge on off-road vehicle use permits.  Moneys in the fund shall be spent only for activities authorized under section 3, 4, or 5 of this act.  Disbursements from the fund shall be on authorization of the director of community development or the director's designee.  The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

 

     Sec. 7.  RCW 46.09.030 and 1990 c 250 s 23 are each amended to read as follows:

     The department shall provide for the issuance of use permits for off-road vehicles and may appoint agents for collecting fees, surcharges, and issuing permits. The department shall charge each applicant for registration the actual cost of the decal.  The department shall make available replacement decals for a fee equivalent to the actual cost of the decals.  The provisions of RCW 46.01.130 and 46.01.140 apply to the issuance of use permits for off-road vehicles as they do to the issuance of vehicle licenses, the appointment of agents and the collection of application fees and surcharges.

 

     Sec. 8.  RCW 46.09.070 and 1986 c 206 s 4 are each amended to read as follows:

     (1) Application for annual or temporary ORV use permits shall be made to the department or its authorized agent in such manner and upon such forms as the department shall prescribe and shall state the name and address of each owner of the off-road vehicle.

     (2) An application for an annual permit shall be signed by at least one owner, and shall be accompanied by a fee of five dollars and a surcharge of five dollars.  Upon receipt of the annual permit application and the application fee, the off-road vehicle shall be assigned a use permit number tag or decal, which shall be affixed to the off-road vehicle in a manner prescribed by the department.  The annual permit is valid for a period of one year and is renewable each year in such manner as the department may prescribe for an additional period of one year upon payment of a renewal fee of five dollars.

     Any person acquiring an off-road vehicle for which an annual permit has been issued who desires to continue to use the permit must, within fifteen days of the acquisition of the off-road vehicle, make application to the department or its authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of one dollar.

     (3) A temporary use permit is valid for sixty days.  Application for a temporary permit shall be accompanied by a fee of two dollars.  The permit shall be carried on the vehicle at all times during its operation in the state.

     (4) Except as provided in RCW 46.09.050, any out-of-state operator of an off-road vehicle shall, when operating in this state, comply with this chapter, and if an ORV use permit is required under this chapter, the operator shall obtain an annual or temporary permit and tag.

 

     Sec. 9.  RCW 46.09.110 and 1986 c 206 s 6 are each amended to read as follows:

     The moneys collected by the department under this chapter shall be distributed from time to time but at least once a year in the following manner:

     The department shall retain enough money to cover expenses incurred in the administration of this chapter:  PROVIDED, That such retention shall never exceed eighteen percent of fees collected.

     The remaining moneys, except the surcharge authorized under RCW 46.09.070, shall be distributed by the interagency committee for outdoor recreation in accordance with RCW 46.09.170(1)(d).

     The ORV use permit surcharge shall be deposited in the search and rescue fund created in section 6 of this act.

 

     NEW SECTION.  Sec. 10.       Sections 1 through 6 of this act are each added to chapter 43.63A RCW.