AN ACT
Relating to the parks and recreation commission; 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.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
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.
