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SUBSTITUTE
SENATE BILL 5332
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read first time 02/22/93.
Permitting the establishment of an
underwater parks system.
NEW SECTION. Sec. 1.
The state parks and recreation commission shall act as the lead agency for the
establishment of underwater parks in state waters and for environmental reviews
of projects necessary to establish underwater parks. The commission may enter
into interagency agreements to facilitate timely receipt of necessary permits
from other state agencies and local governments.
NEW SECTION. Sec. 2.
The state parks and recreation commission may establish a system of underwater
parks to provide for diverse recreational diving opportunities and to conserve
and protect unique marine resources of the state of Washington. In
establishing and maintaining an underwater park system, the commission may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management
agreements with other units of state government for the management of lands,
tidelands, and bedlands as underwater parks;
(3) Construct artificial reefs and other
underwater features to enhance marine life and recreational uses of an
underwater park;
(4) Accept gifts and donations for the benefit
of underwater parks;
(5) Facilitate private efforts to construct
artificial reefs and underwater parks;
(6) Work with the federal government, local
governments and other appropriate agencies of state government, including but
not limited to: The department of natural resources, the department of
fisheries, the department of wildlife and the natural heritage council to carry
out the purposes of sections 1 through 4 of this act; and
(7) Contract with other state agencies or local
governments for the management of an underwater park unit.
NEW SECTION. Sec. 3.
The commission may charge a fee for recreational uses of an underwater park to
offset a part or all of the costs of creating and administering the underwater
park system. The fees and any monetary gifts shall be deposited to the
underwater park account, which is created in the state treasury. Funds in the
underwater park account shall be expended for the operation and creation of
state underwater parks, and shall be subject to appropriation. Before
implementing a fee program for underwater park uses, the commission shall
submit to the appropriate committees of the legislature an estimate of what the
fees would be and a plan for collecting these fees.
NEW SECTION. Sec. 4. In
establishing an underwater park system, the commission shall seek to create
diverse recreational opportunities in areas throughout Washington state. The
commission shall place a high priority upon creating units that possess unique
or diverse marine life or underwater natural or artificial features such as
shipwrecks.
NEW SECTION. Sec. 5.
The commission is not liable for unintentional injuries to users of underwater
parks, whether the facilities are administered by the commission or by another
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. 6.
Sections 1 through 5 of this act are each added to chapter 43.51 RCW.
Passed the Senate April 19, 1993.
Passed the House April 9, 1993.
Approved
by the Governor May 7, 1993.
Filed in Office of Secretary of State May 7,
1993.
