[atlas:bill]

AN ACT Relating to the creation of a state evergreen recreation pass program; amending RCW 77.32.380; adding a new section to chapter 43.30 RCW; adding a new section to chapter 79A.05 RCW; adding a new chapter to Title 79A RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the state parks and recreation commission, the department of natural resources, and the fish and wildlife commission have difficulty maintaining recreation sites they own because of insufficient funds. These recreation sites are enjoyed not only for family outings, but also by a wide variety of groups including youth organizations, hunters, fishers, horsemen, hikers, bikers, people who view wildlife, and other outdoor recreation groups. The legislature finds that the lack of funds to maintain and repair these recreation sites may result in the closure of some of these sites to the public at a time when the demand for outdoor recreation areas continues to increase.

The legislature recognizes that many state residents enjoy visiting state-owned recreation sites throughout different parts of the state, and that people will frequent lands owned by more than one state agency. The legislature is aware that although the parks and recreation commission and the department of natural resources currently do not charge a day-use fee at their recreation sites, there is a possibility that these fees may be imposed at some future date. The legislature finds that any day-use permits or passes should be coordinated between these agencies and the current vehicle use permit required by the department of fish and wildlife so that people have the opportunity to buy a single day-use recreation pass that will be accepted at recreation sites owned by all three of these state agencies. The legislature also finds that the creation of a single renewable annual recreation pass may result in many more people visiting a number of recreation sites within the state because of better maintained facilities and increased awareness of recreation opportunities. It is therefore the intent of the legislature to create an evergreen recreation pass that will be available to serve as a renewable annual recreation pass for state-owned recreation sites in lieu of day-use fees, that this recreation pass will be widely available, and that purchase of this pass is optional for members of the general public.

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

(1) "Agency" or "agencies" means the department of fish and wildlife, the department of natural resources, and the parks and recreation commission.

(2) "Pass" or "recreation pass" means the evergreen recreation pass created under section 3 of this act.

(3) "Recreation site" means those areas designated by an agency for which a day-use pass or permit is required for access.

NEW SECTION. Sec. 3. (1) The evergreen recreation pass is created as a renewable annual pass that is valid at any recreation sites owned by the department of fish and wildlife, the parks and recreation commission, or the department of natural resources for which a day-use pass or permit is required. The pass shall be in lieu of any other day-use pass or permit required by these agencies, including the annual fish and wildlife lands vehicle use permit issued by the department of fish and wildlife pursuant to RCW 77.32.380. The cost of the pass may not exceed fifteen dollars, except that the amount of the fee may be adjusted for inflation by the office of financial management subject to the limitation contained in RCW 43.135.055(1).

(2) The office of financial management must consult with the department of fish and wildlife, the department of natural resources, and the parks and recreation commission on the development and issuance of the evergreen recreation pass. If more than one agency decides to require a day-use pass or permit for access to its recreation sites, then the office of financial management will require that the evergreen recreation pass be available for purchase from those agencies within ninety days after the decision is made to require day-use passes or permits.

(3) Once the evergreen recreation pass becomes available for purchase, a person has the option to either purchase the evergreen recreation pass or to purchase the individual day-use passes or permits from the agencies for access to their recreation sites. If a person has already purchased an individual agency day-use pass or permit for that year, they may exchange the individual agency day-use pass or permit for an evergreen recreation pass upon payment of any difference in the price of the pass.

(4)(a) The evergreen recreation pass must be made available for purchase from each agency requiring a day-use pass or permit for access to their recreation sites. The agency selling the recreation pass must encourage the person purchasing the pass to answer optional questions regarding how often they are likely to use the pass during the year, and on which agency land they are likely to use the pass. Each agency must aggregate the totals of the responses to these questions and forward this information to the office of financial management for purposes of section 5(1) of this act.

(b) The pass must also be available for purchase through the department of licensing. The department of licensing must include a notice of the availability of this pass, including the opportunity to renew the pass, in each notice of license plate tab renewals. The department of licensing must also encourage purchasers of the pass to answer the optional questions under (a) of this subsection, and forward the response totals to the office of financial management.

NEW SECTION. Sec. 4. (1) The evergreen recreation pass must be displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a recreation site . The pass can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle.

(2) Failure to display the evergreen recreation pass or the equivalent agency day-use pass or permit in accordance with this section is an infraction under chapter 7.84 RCW. Agency employees may issue a notice of infraction to the registered owner of any motor vehicle entering upon or using the motor vehicle without either the evergreen recreation pass or the equivalent agency day-use pass or permit. The penalty for failure to clearly display the required pass or permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased either an evergreen recreation pass or the equivalent agency day-use pass or permit within fifteen days after the issuance of the notice of violation.

NEW SECTION. Sec. 5. (1) Revenues obtained from sales of the evergreen recreation pass will be distributed to the agencies participating in the evergreen recreation pass program in accordance with a formula developed by the office of financial management. The department of licensing will also be reimbursed for reasonable expenses incurred for promoting and selling the evergreen recreation passes. In developing the distribution formula, the office of financial management must consider the information derived from purchasers of the pass regarding use of the pass.

(2) At least seventy-five percent of the funds collected from sales of the evergreen recreation pass must be used for maintenance, repair, and equipment for these recreation sites. No more than twenty-five percent of the funds collected from sales of the pass may be used for the costs of collecting the fee.

NEW SECTION. Sec. 6. A new section is added to chapter 43.30 RCW to read as follows:

A person may purchase and display an evergreen recreation pass created under section 2 of this act in lieu of any day-use pass or permit required by the department of natural resources for access to recreation sites owned by the department of natural resources. Nothing in this section alters the authority of the department to determine the recreation sites at which a day-use pass or permit will be required for access.

NEW SECTION. Sec. 7. A new section is added to chapter 79A.05 RCW to read as follows:

A person may purchase and display an evergreen recreation pass created under section 2 of this act in lieu of any day-use pass or permit required by the parks and recreation commission for access to recreation sites owned by the parks and recreation commission. Nothing in this section alters the authority of the commission to determine the recreation sites at which a day-use pass or permit will be required for access.

Sec. 8. RCW 77.32.380 and 2001 c 243 s 1 are each amended to read as follows:

(1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. One vehicle use permit shall be issued at no charge with an initial purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, or trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a vehicle use permit or who has purchased a vehicle use permit separately may purchase additional vehicle use permits from the department at a cost of five dollars per vehicle use permit. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.

Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder.

The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.

(2) The vehicle use permit must be displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a department improved access facility. The vehicle use permit can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle.

(3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a vehicle use permit. The penalty for failure to clearly display the vehicle use permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a vehicle use permit within fifteen days after the issuance of the notice of violation.

(4) In lieu of displaying the vehicle use permit required under this section, persons who enter upon or use clearly identified department improved access facilities may display the evergreen recreation pass created under section 3 of this act. Nothing in this section alters the authority of the department to determine the recreation sites at which a day-use pass or permit will be required for access.

NEW SECTION. Sec. 9. Sections 1 through 5 of this act constitute a new chapter in Title 79A RCW.