1342-S AAS 4/10/95 S3108.1
SHB 1342 - S COMM AMD
By Committee on Ways & Means
ADOPTED 4/10/95
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that during the past fourteen years, the Washington state parks and recreation commission has endured a steady erosion of general fund operating support, which has caused park closures, staff reductions, and growing backlog of deferred maintenance projects. The legislature also finds that the growth of parks revenue has been constrained by staff limitations and by transfers of that revenue into the general fund.
The legislature intends to reverse the decline in operating support to its state parks, stabilize the system's level of general fund support, and inspire system employees and park visitors to enhance these irreplaceable resources and ensure their continuing availability to current and future state citizens and visitors. To achieve these goals, the legislature intends to dedicate park revenues to park operations, developing and renovating park facilities, undertaking deferred maintenance, and improving park stewardship. The legislature clearly intends that such revenues shall complement, not supplant, future general fund support.
Sec. 2. RCW 43.51.047 and 1984 c 82 s 3 are each amended to read as follows:
Only timber which qualifies for cutting or removal under RCW 43.51.045(2) may be sold. Timber shall be sold only when surplus to the needs of the park.
Net revenue derived
from timber sales shall be deposited in the ((trust land)) parks
renewal and stewardship account created in section 7 of this act.
Sec. 3. RCW 43.51.060 and 1993 c 156 s 1 are each amended to read as follows:
The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;
(4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;
(6) Charge such fees
for services, utilities, and use of facilities as the commission shall deem
proper((. All fees received by the commission shall be deposited with the
state treasurer in the state general fund));
(7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed ten years;
(8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040, and upon his recommendation, a supervisor of recreation, and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
(9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.
Sec. 4. RCW 43.51.270 and 1992 c 185 s 1 are each amended to read as follows:
(1) The ((board))
department of natural resources and the state parks and recreation
commission shall have authority to negotiate a sale to the state parks
and recreation commission, for park and outdoor recreation purposes, of ((the))
trust lands ((withdrawn as of August 9, 1971, pursuant to law for park
purposes and included within the state parks listed in subsection (2) of this
section: PROVIDED, That the sale shall be by contract with a pay-off period of
not less than ten years, a price of eleven million twenty-four thousand seven
hundred forty dollars or the)) at fair market value((, whichever
is higher, for the land value, and interest not to exceed six percent. All
fees collected by the commission beginning in the 1973-1975 biennium shall be
applied to the purchase price of the trust lands listed in subsection (2) of
this section; the acquisition of the property described in subsections (3) and
(4) of this section, and all reasonable costs of acquisition, described in
subsection (5) of this section; the renovation and redevelopment of state park
structures and facilities to extend the original life expectancy or correct
damage to the environment of state parks; the maintenance and operation of
state parks; and any cost of collection pursuant to appropriations from the
trust land purchase account created in RCW 43.51.280. The department of
natural resources shall not receive any management fee pursuant to the sale of
the trust lands listed in subsections (2) and (4) of this section. Timber on
the trust lands which are the subject of subsections (2), (3), and (4) of this
section shall continue to be under the management of the department of natural
resources until such time as the legislature appropriates funds to the parks
and recreation commission for purchase of said timber. The state parks which
include trust lands which shall be the subject of this sale pursuant to this
section are:
(2)(a) Penrose Point
(b) Kopachuck
(c) Long Beach
(d) Leadbetter Point
(e) Nason Creek
(f) South Whidbey
(g) Blake Island
(h) Rockport
(i) Mt. Pilchuck
(j) Ginkgo
(k) Lewis &
Clark
(l) Rainbow Falls
(m) Bogachiel
(n) Sequim Bay
(o) Federation
Forest
(p) Moran
(q) Camano Island
(r) Beacon Rock
(s) Bridle Trails
(t) Chief Kamiakin
(formerly Kamiak Butte)
(u) Lake Wenatchee
(v) Fields Springs
(w) Sun Lakes
(x) Scenic Beach.
(3) The board of
natural resources and the state parks and recreation commission shall negotiate
a mutually acceptable transfer for adequate consideration to the state parks
and recreation commission to be used for park and recreation purposes:
(a) All the
state-owned Heart Lake property, including the timber therein, located in
section 36, township 35 north, range 1E, W.M. in Skagit county;
(b) The Moran Park
Additions, including the timber thereon, located in sections 16, 17, 19, 26,
and 30, township 37 north, range 1W, W.M.;
(c) The Fort Ebey
Addition (Partridge Point), including the timber thereon, located in section
36, township 32 north, range 1W, W.M. and section 6, township 31 north, range
1E, W.M.;
(d) The South
Whidbey Addition (Classic U), including the timber thereon, located in section
29, township 30 north, range 2E, W.M.; and
(e) The Larrabee
Addition, including the timber thereon, located in section 29, township 37
north, range 3E, W.M)).
(((4))) (2)
The ((board)) department of natural resources and the state parks
and recreation commission shall negotiate a sale to the state parks and
recreation commission of the lands and timber thereon identified in the joint
study under section 4, chapter 163, Laws of 1985, and commonly referred to as((:
(a) The Packwood
trust property, Lewis county C located on the Cowlitz river at Packwood;
(b) The Iron Horse
(Bullfrog) trust property C adjoining the John Wayne Pioneer Trail at Iron
Horse State Park;
(c) The Soleduck
Corridor trust property, Clallam county C on the Soleduck river at
Sappho;
(d) The Lake
Sammamish (Providence Heights) trust property, King county C adjacent to Hans Jensen
Youth Camp area at Lake Sammamish State Park;
(e) The Kinney Point
trust property, Jefferson county C on the extreme southern tip of Marrowstone
Island;
(f) The Hartstene
Island trust property, Mason county C near Fudge Point on the east side of Hartstene
Island approximately two miles south of Jarrell Cove State Park;
(g) The Wallace
Falls trust property addition, Snohomish county C located adjacent to
Wallace Falls State Park;
(h) The Diamond
Point trust property, Clallam county C on the Strait of Juan de Fuca; provided,
however, to the extent authorized by the commission by its action of December
7, 1990, as now or hereafter amended, the acreage and boundaries of the Diamond
Point trust property acquired by the commission may vary from the acreage and
boundaries described in the joint study. The commission may not authorize
acquisition of any portion of the Diamond Point trust property by a private
party prior to approval by the Clallam county board of commissioners of a
preliminary master site plan for a resort development on the property;
(i) The Twin Falls
trust property addition, King county C three parcels adjacent to the Twin Falls natural
area, King county;
(j) The Skating Lake
trust property, Pacific county C one and one-half miles north of Ocean Park and
two miles south of Leadbetter State Park on the Long Beach Peninsula;
(k) The Kopachuck
trust property addition, Pierce county C adjoining Kopachuck State Park;
(l))) the Point Lawrence trust property, San
Juan county C on the
extreme east point of Orcas Island((;
(m) The Huckleberry
Island trust property, Skagit county C between Guemes Island and Saddlebag Island State
Park;
(n) The Steamboat
Rock (Osborn Bay) trust property, Grant county C southwest of Electric City
on Osborn Bay;
(o) The Lord Hill
trust property, Snohomish county C west of Monroe;
(p) The Larrabee
trust property addition, Whatcom county C northeast of Larrabee
State Park and Chuckanut Mountain;
(q) The Beacon Rock
trust property, Skamania county C at Beacon Rock State Park;
(r) The Loomis Lake
trust property, Pacific county C on the east shore of Loomis Lake and Lost Lake;
(s) The Lake Easton
trust property addition, Kittitas county C one-quarter mile west of
Lake Easton State Park near the town of Easton;
(t) The Fields
Spring trust property addition, Asotin county C adjacent to the west and
north boundaries of Fields Spring State Park;
(u) The Hoypus Hill
trust property, Island county C south of the Hoypus Point natural forest area at
Deception Pass State Park;
(v) The Cascade
Island trust property, Skagit county C on the Cascade river about one and one-half
miles east of Marblemount off of the South Cascade county road and ten and
one-half miles east of Rockport State Park.
Payment for the
property described in this subsection shall be derived from the trust land
purchase account established pursuant to RCW 43.51.280)). Timber conservation and management practices
provided for in RCW 43.51.045 and 43.51.395 shall govern the management of land
and timber transferred under this subsection as of the effective date of the
transfer, upon payment for the property, and nothing in this chapter shall be
construed as restricting or otherwise modifying the department of natural
resources' management, control, or use of such land and timber until such date.
(((5) The funds from
the trust land purchase account designated for the acquisition of the property
described in subsections (3) and (4) of this section, and the reasonable costs
of acquisition, shall be deposited in the park land trust revolving fund,
hereby created, to be utilized by the department of natural resources for the
exclusive purpose of acquiring real property as a replacement for the property
described in subsections (3) and (4) of this section to maintain the land base
of the several trusts and for the reimbursement of the department of natural
resources for all reasonable costs, to include, but not exclusively, the
appraisal and cruising of the timber on the property for the acquisition of the
property described in subsections (3) and (4) of this section. Disbursements
from the park land trust revolving fund to acquire replacement property, and
pay for all reasonable costs of acquisition, for the property described in
subsections (3) and (4) of this section shall be on the authorization of the
board of natural resources. In order to maintain an effective expenditure and
revenue control, the park land trust revolving fund shall be subject in all
respects to chapter 43.88 RCW, but no appropriation shall be required to permit
expenditures and payment of obligations from the fund. The state treasurer
shall be custodian of the revolving fund.
The department of
natural resources shall pay all reasonable costs, to include, but not
exclusively, the appraisal and cruising of the timber on the property for the
acquisition of the property described in subsection (3) of this section from
funds provided in the trust land purchase account. Any agreement for the
transfer of the property described in subsection (3) of this section shall not
have an interest rate exceeding ten percent.
The parks and
recreation commission is authorized to accept, receive, disburse, and
administer grants or funds or gifts from any source including private
individuals, public entities, and the federal government to supplement the
funds from the trust land purchase account for the purchase of the property
described in subsection (3) of this section.))
NEW SECTION. Sec. 5. A new section is added to chapter 43.85 RCW to read as follows:
The park land trust revolving fund is to be utilized by the department of natural resources for the exclusive purpose of acquiring real property, including all reasonable costs associated with these acquisitions, as a replacement for the property transferred to the state parks and recreation commission or as directed by the legislature in order to maintain the land base of the affected trusts. Proceeds from transfers of real property to the state parks and recreation commission or other proceeds identified from transfers of real property as directed by the legislature shall be deposited in this fund. Disbursement from the park land trust revolving fund to acquire replacement property shall be on the authorization of the department of natural resources. In order to maintain an effective expenditure and revenue control, the park land trust revolving fund is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
NEW SECTION. Sec. 6. RCW 43.51.280 and 1991 sp.s. c 16 s 922, 1991 sp.s. c 13 s 4, & 1987 c 466 s 2 are each repealed.
NEW SECTION. Sec. 7. A new section is added to chapter 43.51 RCW 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, and other state park-based activities shall be deposited into the account. 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.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
SHB 1342 - S COMM AMD
By Committee on Ways & Means
ADOPTED 4/10/95
On page 1, line 1 of the title, after "commission;" strike the remainder of title and insert "amending RCW 43.51.047, 43.51.060, and 43.51.270; adding a new section to chapter 43.85 RCW; adding a new section to chapter 43.51 RCW; creating a new section; repealing RCW 43.51.280; providing an effective date; and declaring an emergency."
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