AN ACT Relating to the water trail recreation
program; adding new sections to chapter 43.51 RCW; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature recognizes the increase in water-oriented recreation by users
of human and wind-powered, beachable vessels such as kayaks, canoes, or day
sailors on Washington's waters. These recreationists frequently require overnight
camping facilities along the shores of public or private beaches. The
legislature now creates a water trail recreation program, to be administered by
the Washington state parks and recreation commission.
NEW SECTION. Sec. 2. In
addition to its other powers, duties, and functions, the commission may:
(1) Plan, construct, and maintain suitable
facilities for water trail activities on lands administered or acquired by the
commission or as authorized on lands administered by tribes or other public
agencies or private landowners by agreement.
(2) Provide and issue, upon payment of the
proper fee, with the assistance of those authorized agents as may be necessary
for the convenience of the public, water trail permits to utilize designated
water trail facilities. The commission may, after consultation with the water
trail advisory committee, adopt rules authorizing reciprocity of water trail
permits provided by another state or Canadian province, but only to the extent
that a similar exemption or provision for water trail permits is issued by that
state or province.
(3) Compile, publish, distribute, and charge a
fee for maps or other forms of public information indicating areas and
facilities suitable for water trail activities.
(4) Contract with a public agency, private
entity, or person for the actual conduct of these duties.
(5) Work with individuals or organizations who
wish to volunteer their time to support the water trail recreation program.
NEW SECTION. Sec. 3.
The commission may make water trail program grants to public agencies or tribal
governments and may contract with any public agency, tribal government, entity,
or person to develop and implement water trail programs.
NEW SECTION. Sec. 4.
The commission is not liable for unintentional injuries to users of facilities
administered for water trail purposes under this chapter, whether the
facilities are administered by the commission or by any other entity or
person. However, 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.
NEW SECTION. Sec. 5. A
person may not participate as a user of the water trail recreation program
without first obtaining a water trail permit. A person must renew this permit
on an annual basis in order to continue to participate as a user of the
program. The fee for the issuance of the state-wide water trail permit for
each year shall be determined by the commission after consultation with the
water trail advisory committee. All state-wide water trail permits shall
expire on the last day of December of the year for which the permit is issued.
NEW SECTION. Sec. 6.
The water trail program account is created in the state treasury. All receipts
from sales of materials pursuant to section 2 of this act, from state-wide
water trail permit fees collected pursuant to section 5 of this act, and all
monetary civil penalties collected pursuant to section 8 of this act shall be
deposited in the water trail program account. Any gifts, grants, donations, or
moneys from any source received by the commission for the water trail program
shall also be deposited in the water trail program account. Moneys in the
account may be spent only after appropriation to the commission, and may be
used solely for water trail program purposes, including: (1) Administration,
acquisition, development, operation, planning, and maintenance of water trail
lands and facilities, and grants or contracts therefor; and (2) the development
and implementation of water trail informational, safety, enforcement, and
education programs, and grants or contracts therefor.
NEW SECTION. Sec. 7.
The commission may, after consultation with the water trail advisory committee,
adopt rules to administer the water trail program and facilities on areas owned
or administered by the commission. Where water trail facilities administered
by other public or private entities are incorporated into the water trail
system, the rules adopted by those entities shall prevail. The commission is
not responsible or liable for enforcement of these alternative rules.
NEW SECTION. Sec. 8.
Violation of the provisions of the commission's rules governing the use of
water trail facilities and property shall constitute a civil infraction,
punishable as provided under chapter 7.84 RCW.
NEW SECTION. Sec. 9.
(1) There is created a water trail advisory committee to advise the parks and
recreation commission in the administration of sections 1 through 8 of this act
and to assist and advise the commission in the development of water trail
facilities and programs.
(2) The advisory committee shall consist of
twelve members, who shall be appointed as follows:
(a) Five public members representing recreational
water trail users, to be appointed by the commission;
(b) Two public members representing commercial
sectors with an interest in the water trail system, to be appointed by the
commission;
(c) One representative each from the department
of natural resources, the department of wildlife, the Washington state
association of counties, and the association of Washington cities, to be
appointed by the director of the agency or association. The director of the
Washington state parks and recreation commission or the director's designee
shall serve as secretary to the committee and shall be a nonvoting member.
(3) Except as provided in this section, the
terms of the public members appointed by the commission shall begin on January
1st of the year of appointment and shall be for three years or until a
successor is appointed, except in the case of appointments to fill vacancies
for the remainder of an unexpired term. In making the initial appointments to
the advisory committee, the commission shall appoint two public members to
serve one year, two public members to serve for two years, and three public
members to serve for three years. Public members of the advisory committee may
be reimbursed from the water trail program account for travel expenses as provided
in RCW 43.03.050 and 43.03.060.
(4) The committee shall select a chair and
adopt rules necessary to govern its proceedings. The committee shall meet at
the times and places it determines, not less than twice a year, and
additionally as required by the committee chair or by majority vote of the
committee.
NEW SECTION. Sec. 10.
Sections 1 through 9 of this act are each added to chapter 43.51 RCW.
