S-3435.3  _______________________________________________


                         SENATE BILL 6235



State of Washington      55th Legislature     1998 Regular Session


By Senators Jacobsen and Kohl


Read first time 01/14/98.  Referred to Committee on Government Operations.

Creating the community athletic facilities council.

    AN ACT Relating to community athletic facilities; adding a new chapter to Title 43 RCW; and declaring an emergency.




    NEW SECTION.  Sec. 1.  (1) The legislature recognizes that coordinated efforts are needed to maintain, develop, and improve the state's community athletic facilities.  Rapid population growth and increased urbanization have caused a decline in suitable facilities for community athletic activities and has resulted in overcrowding and deterioration of existing facilities.  Lack of adequate community athletic facilities directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves.  It is therefore the policy of the state and its agencies to maintain, develop, and improve community athletic facilities.

    (2) In carrying out this policy, the mission of the community athletic facilities council and its staff is to:

    (a) Create and work actively for the implementation of unified state-wide strategy for meeting the community athletic facilities needs of Washington's citizens;

    (b) Represent and promote the interests of the state on community athletic facilities issues in concert with other state and local agencies and the governor;

    (c) Encourage and provide interagency and regional coordination, and interaction between public and private organizations;

    (d) Administer community athletic facility grant-in-aid programs and provide technical assistance; and

    (e) Serve as a repository for information, studies, research, and other data relating to the acquisition, development, equipping, maintaining, and improvement of community athletic facilities.


    NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Community athletic facility" means any land with or without improvements, or any building, which land or building may be used for athletic activities by any person under nineteen years of age.

    (2) "Council" means the community athletic facilities council.

    (3) "Director" means the director of the community athletic facilities council.

    (4) "Account" means the youth athletic facility grant account created in RCW 43.99N.060(4).


    NEW SECTION.  Sec. 3.  There is created the community athletic facilities council consisting of the director of parks and recreation and the director of the interagency committee for outdoor recreation, or their designees, and, by appointment of the governor, five members from the public at large who have a demonstrated interest in and a general knowledge of community athletics in the state.  In appointing members from the public at large, the governor must use his or her best efforts to achieve a balance among members based upon factors of geographic, racial, ethnic, and gender diversity.  The terms of members appointed from the public at large shall commence on January 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies, which shall be for the remainder of the unexpired term.  However, the first members shall be appointed for terms as follows:  One member for one year, two members for two years, and two members for three years.  The governor shall appoint one of the members from the public at large to serve as chair of the council for the duration of the member's term.  Members employed by the state shall serve without additional pay and participation in the work of the council shall be deemed performance of their employment.  Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the council in accordance with RCW 43.03.050 and 43.03.060.


    NEW SECTION.  Sec. 4.  The director shall be appointed by, and serve at the pleasure of, the governor.  The governor shall select the director from a list of three candidates submitted by the council.  However, the governor may request and the council shall provide an additional list or lists from which the governor may select the director.  The lists compiled by the council shall not be subject to public disclosure.  The director shall have background and experience in the areas of community athletics management and policy.  The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.


    NEW SECTION.  Sec. 5.  The council has the following powers and duties:

    (1) To prepare and update a strategic plan for the development, maintenance, and improvement of community athletic facilities in the state.  The plan must be prepared in coordination with the office of the governor and the office of financial management, with participation of federal, state, and local agencies having community athletic responsibilities, user groups, private sector interests, and the general public.  The council shall submit the plan and its policy recommendations to the governor.  The plan shall include, but is not limited to:

    (a) An inventory of current community athletic facilities;

    (b) A forecast of demand for these facilities;

    (c) An identification and analysis of actual and potential funding sources;

    (d) A process for broad scale information gathering;

    (e) An assessment of the capabilities and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals of the plan;

    (f) An analysis of strategic options and decisions available to the state;

    (g) An implementation strategy that is coordinated with executive policy and budget priorities; and

    (h) The elements necessary to qualify for participation in or the receipt of aid from any federal program for community athletic facilities;

    (2) Notwithstanding other provisions of law, to establish the eligibility criteria for cities, counties, and qualified nonprofit organizations in applying and qualifying for grants from the account;

    (3) To encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public and private entities involved in the maintenance, development, and improvement of community athletic facilities;

    (4) To appoint technical and other committees as may be necessary to carry out the purposes of this chapter; and

    (5) To create and maintain a repository for data, studies, research, and other information relating to community athletic facilities in the state, and to encourage the interchange of such information.


    NEW SECTION.  Sec. 6.  The director has the following powers and duties:

    (1) To appoint personnel as may be necessary to carry out the duties of the council;

    (2) To supervise the administrative operations of the council and its staff;

    (3) To administer community athletic facility grant-in-aid programs and provide technical assistance to cities, counties, and qualified nonprofit organizations;

    (4) To represent and promote the interests of the state on community athletic facilities issues and further the mission of the council; and

    (5) Upon approval of the council, to enter into contracts and agreements with private nonprofit corporations to further state goals of maintaining, developing, and improving community athletic facilities for the public benefit and use.


    NEW SECTION.  Sec. 7.  The director, or the director's designee, shall be a member of the interagency committee for outdoor recreation.


    NEW SECTION.  Sec. 8.  When requested by the council, members employed by the state shall furnish assistance to the council from their departments for the analysis and review of proposed plans and projects, and the assistance shall be a proper charge against the appropriations to the several agencies represented on the council.  Assistance may be in the form of money, personnel, or equipment and supplies, whichever is most suitable to the needs of the council.


    NEW SECTION.  Sec. 9.  The council shall administer the account in accordance with this chapter, the relevant provisions of RCW 43.99N.060(4), and chapter 67.32 RCW and hold it separate and apart from all other money, funds, and accounts of the council.  Notwithstanding any other provisions of law, only the director, or the director's designee, may authorize expenditures from the account and may expend up to one and one-half percent of the moneys deposited in the account for administrative purposes.  Grants, gifts, or other financial assistance, proceeds received as administrative cost contributions, and moneys made available to the state of Washington by the federal government for community athletic facilities may be deposited into the account.


    NEW SECTION.  Sec. 10.  The legislature may appropriate funds requested in the budget for grants from the account to the council for allocation and disbursement.


    NEW SECTION.  Sec. 11.  Interest earned on funds granted or made available by the council may not be expended by the recipient but must be returned to the source account for disbursement by the council in accordance with general budget and accounting procedure.


    NEW SECTION.  Sec. 12.  Community athletic facilities with respect to which money has been expended from the account may not, without the approval of the council, be converted to uses other than those for which the expenditure was originally approved.  The council may only approve such a conversion upon conditions that will assure the substitution of other community athletic facilities of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location.


    NEW SECTION.  Sec. 13.  The council may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from a federal program respecting community athletic facilities not specifically designated for another fund or agency.  It may enter into contracts and agreements with the United States or an appropriate agency thereof, keep financial and other records relating thereto, and furnish to appropriate officials and agencies of the United States reports and information as may be reasonably necessary to enable the officials and agencies to perform their duties under the programs.


    NEW SECTION.  Sec. 14.  This chapter may be known and cited as the community athletic facilities act.


    NEW SECTION.  Sec. 15.  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.


    NEW SECTION.  Sec. 16.  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 takes effect immediately.


    NEW SECTION.  Sec. 17.  Sections 1 through 16 of this act constitute a new chapter in Title 43 RCW.


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