Z-0463.2 _______________________________________________
SENATE BILL 5131
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State of Washington 54th Legislature 1995 Regular Session
By Senators Spanel and Sellar; by request of Interagency Committee for Outdoor Recreation
Read first time 01/12/95. Referred to Committee on Ecology & Parks.
AN ACT Relating to changing interagency committee for outdoor recreation accounts and accounting procedures; amending RCW 43.99.030, 43.99.040, 43.99.060, 43.99.070, 43.99.080, 43.99.095, 43.99.120, and 46.09.170; adding a new section to chapter 43.99 RCW; adding a new section to chapter 46.09 RCW; and repealing RCW 43.99.144 and 43.99.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.99.030 and 1979 c 158 s 109 are each amended to read as follows:
From time to time, but
at least once each four years, the director of licensing shall determine the
amount or proportion of moneys paid to him as motor vehicle fuel tax which is
tax on marine fuel. The director shall make or authorize the making of studies,
surveys, or investigations to assist him in making such determination, and
shall hold one or more public hearings on the findings of such studies,
surveys, or investigations prior to making his determination. The studies,
surveys, or investigations conducted pursuant to this section shall encompass a
period of twelve consecutive months each time. The final determination by the
director shall be implemented as of the ((first day of the calendar month,
which date falls closest to the mid-point of the time period for)) next
biennium after the period from which the study data were collected. The
director may delegate his duties and authority under this section to one or
more persons of the department of licensing if he finds such delegation
necessary and proper to the efficient performance of these duties. Costs of
carrying out the provisions of this section shall be paid from the marine fuel
tax refund account created in RCW 43.99.040, upon legislative appropriation.
Sec. 2. RCW 43.99.040 and 1991 sp.s. c 13 s 42 are each amended to read as follows:
There is created the
marine fuel tax refund account in the state treasury. ((From time to time,
but at least once each biennium,)) The director of licensing shall
request the state treasurer to refund monthly from the motor vehicle
fund amounts which have been determined to be tax on marine fuel. The state
treasurer shall refund such amounts and place them in the marine fuel tax
refund account to be held for those entitled thereto pursuant to chapter 82.36
RCW and RCW 43.99.050, except that he shall not refund and place in the marine
fuel tax refund account for any period for which a determination has been made
pursuant to RCW 43.99.030 more than the greater of the following amounts: (1)
An amount equal to two percent of all moneys paid to him as motor vehicle fuel
tax for such period, (2) an amount necessary to meet all approved claims for
refund of tax on marine fuel for such period.
Sec. 3. RCW 43.99.060 and 1991 sp.s. c 13 s 52 are each amended to read as follows:
((There is created))
The outdoor recreation account is created in the state treasury((,
in which shall be deposited all moneys received from the marine fuel tax refund
account pursuant to RCW 43.99.070, the proceeds of the bond issue authorized by
chapter 43.98 RCW, *RCW 43.31.620 and 43.31.740, and any moneys made available
to the state of Washington by the federal government for outdoor recreation not
specifically designated for another fund or agency)). The committee
shall administer the account in accordance with chapter 43.98A RCW and this
chapter, and shall hold it separate and apart from all other money, funds, and
accounts of the committee. Moneys appropriated under chapter 43.98A RCW shall
be deposited into this account.
Grants, gifts, or other
financial assistance ((awarded or designated for a particular purpose, or)),
proceeds received from public bodies as administrative cost contributions, and
moneys made available to the state of Washington by the federal government for
outdoor recreation, may be ((received and, when appropriated by the
legislature, may be expended in accordance with the general budget and
accounting act)) deposited into the account.
Sec. 4. RCW 43.99.070 and 1990 c 42 s 116 are each amended to read as follows:
Upon expiration of the
time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel,
the state of Washington shall succeed to the right to such refunds. ((From
time to time, but at least once each biennium,)) The director of
licensing, after taking into account past and anticipated claims for refunds
from and deposits to the marine fuel tax refund account and the costs of
carrying out the provisions of RCW 43.99.030, shall request the state treasurer
to transfer monthly from the marine fuel tax refund account an amount
equal to the proportion of the moneys in the account representing the motor
vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, 1990, to the
((outdoor)) recreation resource account and the remainder to the
motor vehicle fund.
Sec. 5. RCW 43.99.080 and 1971 ex.s. c 140 s 1 are each amended to read as follows:
Moneys transferred to
the ((outdoor)) recreation resource account from the marine fuel
tax refund account may be used when appropriated by the legislature, as well as
any federal or other funds now or hereafter available, to pay the necessary
administrative and coordinative costs of the interagency committee for outdoor
recreation established by RCW 43.99.110. All moneys so transferred, except
those appropriated as aforesaid, shall be divided into two equal shares and
shall be used to benefit watercraft recreation in this state as follows:
(1) One share ((by
the)) as grants to state agencies for (a) acquisition of
title to, or any interests or rights in, marine recreation land, (b) capital
improvement of marine recreation land, or (c) matching funds in any case where
federal or other funds are made available on a matching basis for purposes
described in (a) or (b) of this subsection;
(2) One share as grants to public bodies to help finance (a) acquisition of title to, or any interests or rights in, marine recreation land, or (b) capital improvement of marine recreation land. A public body is authorized to use a grant, together with its own contribution, as matching funds in any case where federal or other funds are made available for purposes described in (a) or (b) of this subsection. The committee may prescribe further terms and conditions for the making of grants in order to carry out the purposes of this chapter.
Sec. 6. RCW 43.99.095 and 1967 ex.s. c 62 s 7 are each amended to read as follows:
Interest earned on
funds granted or made available by the committee shall not be expended by the
recipient but shall be returned to the ((outdoor recreation)) source
account ((of the general fund)) for disbursement by the committee in
accordance with general budget and accounting procedure.
Sec. 7. RCW 43.99.120 and 1983 c 3 s 114 are each amended to read as follows:
Any public body or any
agency of state government authorized to acquire or improve public outdoor
recreation land which desires funds from the ((outdoor)) recreation resource
account shall submit to the committee a ((six-year)) long-range
plan for developing outdoor recreation facilities within its authority and
detailed plans for the projects sought to be financed from the ((outdoor))
recreation resource account, including estimated cost and such other
information as the committee may require. The committee shall analyze all
proposed plans and projects, and shall recommend to the governor for inclusion
in the budget such projects as it may approve and find to be consistent with an
orderly plan for the acquisition and improvement of outdoor recreation lands in
the state.
Sec. 8. RCW 46.09.170 and 1994 c 264 s 36 are each amended to read as follows:
(1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, 1990, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for information programs under this chapter;
(ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(d) Fifty-four and
one-half percent, together with the funds received by the interagency committee
for outdoor recreation under RCW 46.09.110, shall be credited to the ((outdoor
recreation)) nonhighway and off-road vehicle activities program
account to be administered by the committee for planning, acquisition,
development, maintenance, and management of ORV recreation facilities and
nonhighway road recreation facilities; ORV user education and information; and
ORV law enforcement programs. The funds under this subsection shall be expended
in accordance with the following limitations:
(i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
(ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
NEW SECTION. Sec. 9. A new section is added to chapter 43.99 RCW to read as follows:
The recreation resource account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The committee shall administer the account in accordance with this chapter and chapter 67.32 RCW and shall hold it separate and apart from all other money, funds, and accounts of the committee. Moneys received from the marine fuel tax refund account under RCW 43.99.070 shall be deposited into the account. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account.
NEW SECTION. Sec. 10. A new section is added to chapter 46.09 RCW to read as follows:
The nonhighway and off-road vehicle activities program account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The interagency committee for outdoor recreation shall administer the account for purposes specified in this chapter and shall hold it separate and apart from all other money, funds, and accounts of the interagency committee for outdoor recreation. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and any moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 43.99.144 and 1979 ex.s. c 24 s 2; and
(2) RCW 43.99.150 and 1965 c 5 s 15.
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