AN ACT Relating to the
Washington state horse park; adding a new chapter to Title 67 RCW; and creating
a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that:
(1) Horses are part of
a large, highly diverse, and vital industry which provides significant
economic, employment, recreational, and educational contributions to residents
of and visitors to the state of Washington;
(2) Currently there is
no adequate facility in the Pacific Northwest with the acreage, services, and
capacity to host large regional horse shows, national championships, or
Olympics-quality events to showcase and promote this important Washington
industry;
(3) Establishing a
first-class horse park facility in Washington would meet important needs of the
state's horse industry, attract investment, enhance recreational opportunities,
and bring new exhibitors and tourists to the state from throughout the region
and beyond; and
(4) A unique
opportunity exists to form a partnership between state, county, and private
interests to create a major horse park facility that will provide public
recreational opportunities and state-wide economic and employment benefits.
It is the purpose of
this legislation to create the framework for such a partnership to facilitate
development of the Washington state horse park. It is further the intent of
the legislature that the state horse park shall be developed in stages, based
on factors such as the availability of funds, equipment, and other materials
donated by private sources; the availability and willingness of volunteers to
work on park development; and the availability of revenues generated by the
state horse park as it is developed and utilized.
NEW SECTION. Sec.
2. Unless the context
clearly indicates otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Authority" means the Washington state horse park authority
authorized to be created in section 4 of this act.
(2)
"Commission" means the Washington state parks and recreation
commission.
(3) "Horses"
includes all domesticated members of the taxonomic family Equidae, including
but not limited to horses, donkeys, and mules.
(4) "State horse
park" means the Washington state horse park established in section 3 of
this act.
NEW SECTION. Sec.
3. (1) The Washington state
horse park is hereby established, to be located at a site approved by the
commission. In approving a site for the state horse park, the commission shall
consider areas with large blocks of land suitable for park development, the
distance to various population centers in the state, the ease of transportation
to the site for large vehicles traveling along either a north-south or an
east-west corridor, and other factors deemed important by the commission.
(2) Ownership of land
for the state horse park shall be as follows:
(a) The commission is
vested with and shall retain ownership of land provided by the state for the
state horse park. Any lands acquired by the commission after the effective
date of this act for the state horse park shall be purchased under chapter 43.98A
RCW. The legislature encourages the commission to provide a long-term lease of
the selected property to the Washington state horse park authority at a minimal
charge. The lease shall contain provisions ensuring public access to and use
of the horse park facilities, and generally maximizing public recreation
opportunities at the horse park, provided that the facility remains available
primarily for horse-related activities.
(b) Land provided for
the state horse park by the county in which the park is located shall remain in
the ownership of that county unless the county determines otherwise. The
legislature encourages the county to provide a long-term lease of selected
property to the Washington state horse park authority at a minimal charge.
(c) If the authority
acquires additional lands through donations, grants, or other means, or with
funds generated from the operation of the state horse park, the authority shall
retain ownership of those lands. The authority shall also retain ownership of
horse park site improvements paid for by or through donations or gifts to the
authority.
(3) Development,
promotion, operation, management, and maintenance of the state horse park is
the responsibility of the authority created in section 4 of this act.
NEW SECTION. Sec.
4. (1) A nonprofit
corporation may be formed under the nonprofit corporation provisions of chapter
24.03 RCW to carry out the purposes of this chapter. Except as provided in
section 5 of this act, the corporation shall have all the powers and be subject
to the same restrictions as are permitted or prescribed to nonprofit
corporations and shall exercise those powers only for carrying out the purposes
of this chapter and those purposes necessarily implied therefrom. The
nonprofit corporation shall be known as the Washington state horse park
authority. The articles of incorporation shall provide that it is the
responsibility of the authority to develop, promote, operate, manage, and
maintain the Washington state horse park. The articles of incorporation shall
provide for appointment of directors and other conduct of business consistent
with the requirements of this chapter.
(2)(a) The articles of
incorporation shall provide for a seven-member board of directors for the authority,
all appointed by the governor. Board members shall serve three-year terms,
except that two of the original appointees shall serve one-year terms, and two
of the original appointees shall serve two-year terms. A board member may
serve consecutive terms.
(b) The articles of
incorporation shall provide that the governor appoint board members as follows:
(i) One board member
shall represent the interests of the commission. In making this appointment,
the governor shall solicit recommendations from the commission;
(ii) One board member
shall represent the interests of the county in which the park is located. In
making this appointment, the governor shall solicit recommendations from the
county legislative authority; and
(iii) Five board
members shall represent the geographic and sports discipline diversity of
equestrian interests in the state, and at least one of these members shall have
business experience relevant to the organization of horse shows or operation of
a horse show facility. In making these appointments, the governor shall
solicit recommendations from a variety of active horse-related organizations in
the state.
(3) The articles of
incorporation shall include a policy that provides for the preferential use of
a specific area of the horse park facilities at nominal cost for horse groups
associated with youth groups and the disabled.
(4) The governor shall
make appointments to fill board vacancies for positions authorized under
subsection (2) of this section, upon additional solicitation of recommendations
from the board of directors.
(5) The board of
directors shall perform their duties in the best interests of the authority,
consistent with the standards applicable to directors of nonprofit corporations
under RCW 24.03.127.
NEW SECTION. Sec.
5. To meet its
responsibility for developing, promoting, operating, managing, and maintaining
the state horse park, the authority is empowered to do the following:
(1) Exercise the
general powers authorized for any nonprofit corporation as specified in RCW
24.03.035. All debts of the authority shall be in the name of the authority
and shall not be debts of the state of Washington for which the state or any
state agency shall have any obligation to pay; and the authority may not issue
bonds. Neither the full faith and credit of the state nor the state's taxing
power is pledged for any indebtedness of the authority;
(2) Employ and
discharge at its discretion employees, agents, advisors, and other personnel;
(3) Apply for or
solicit, accept, administer, and dispose of grants, gifts, and bequests of
money, services, securities, real estate, or other property. However, if the
authority accepts a donation designated for a specific purpose, the authority
shall use the donation for the designated purpose;
(4) Establish, revise,
collect, manage, and expend such fees and charges at the state horse park as
the authority deems necessary to accomplish its responsibilities;
(5) Make such
expenditures as are appropriate for paying the administrative costs and
expenses of the authority and the state horse park;
(6) Authorize use of
the state horse park facilities by the general public and by and for compatible
nonequestrian events as the authority deems reasonable, so long as the primacy
of the center for horse-related purposes is not compromised;
(7) Insure its
obligations and potential liability;
(8) Enter into
cooperative agreements with and provide for private nonprofit groups to use the
state horse park facilities and property to raise money to contribute gifts,
grants, and support to the authority for the purposes of this chapter;
(9) Grant concessions
or leases at the state horse park upon such terms and conditions as the
authority deems appropriate, but in no event shall the term of a concession or
lease exceed twenty-five years. Concessions and leases shall be consistent
with the purposes of this chapter and may be renegotiated at least every five
years; and
(10) Generally
undertake any and all lawful acts necessary or appropriate to carry out the
purposes for which the authority and the state horse park are created.
NEW SECTION. Sec.
6. (1) If the authority and
state agencies find it mutually beneficial to do so, they are authorized to
collaborate and cooperate on projects of shared interest. Agencies authorized
to collaborate with the authority include but are not limited to: The
commission for activities and projects related to public recreation; the
department of agriculture for projects related to the equine agricultural
industry; the department of community, trade, and economic development with
respect to community and economic development and tourism issues associated with
development of the state horse park; Washington State University with respect
to opportunities for animal research, education, and extension; the department
of ecology with respect to opportunities for making the state horse park's
waste treatment facilities a demonstration model for the handling of waste to
protect water quality; and with local community colleges with respect to
programs related to horses, economic development, business, and tourism.
(2) The authority shall
cooperate with 4-H clubs, pony clubs, youth groups, and local park departments
to provide youth recreational activities. The authority shall also provide for
preferential use of an area of the horse park facility for youth and the
disabled at nominal cost.
NEW SECTION. Sec.
7. Sections 2 through 6 of
this act shall constitute a new chapter in Title 67 RCW.
NEW
SECTION. Sec. 8. 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.
