H-2170.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1634

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State of Washington              54th Legislature             1995 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Sheldon, Cairnes, Elliot, Fuhrman and Stevens)

Read first time 03/01/95.

Restricting the state parks and recreation commission authority to regulate metal detectors.

     AN ACT Relating to metal detectors in state parks; adding a new section to chapter 43.51 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature that those historic archaeological resources on state park lands that are of importance to the history of our state, or its communities, be protected for the people of the state.  At the same time, the legislature also recognizes that the recreational use of metal detectors in state parks is a legitimate form of recreation that can be compatible with the protection of historic archaeological resources.  It is, therefore, the intent of the legislature to allow the recreational use of metal detectors in state parks except in areas where historic archaeological resources have been, or may be, identified.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.51 RCW to read as follows:

     The commission may not prohibit the use of metal detectors for recreational purposes in state parks except in areas where a historic archaeological resource has been, or may be, identified pursuant to RCW 27.53.030(11).  In those state park areas that do not contain historic archaeological resources under RCW 27.53.030(11), the use of metal detectors shall be permitted subject to reasonable rules set forth by the commission.  The commission shall annually review its list of parks in which the use of metal detectors is allowed and shall include any additional park areas that have been verified as not having historic archaeological resources.

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