BILL REQ. #:  S-0410.1 

Read first time 01/15/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to expanding the private sponsorship of state parks, recreation areas, and other natural resource facilities; amending RCW 77.04.055; reenacting and amending RCW 79A.05.030; adding a new section to chapter 43.30 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 state parks and state recreation areas are a valuable asset of the state of Washington, contributing to the health and well-being of the people of the state, and contributing to the economies of surrounding communities. Increasing use of state parks and other recreation areas coupled with limited resources is creating a crisis for the parks and recreation system. Maintenance of state facilities is being deferred, and selected parks are being closed.
     The legislature further finds that sponsorship of selected parks or other natural resource facilities by a private entity could decrease costs and contribute to the improvement of services and facilities.
     Therefore, the legislature encourages state agencies that manage recreation lands and natural resource facilities to enter into agreements with private entities as appropriate to improve the operation of our parks, recreation areas, or other natural resource facilities. Further, the legislature strongly encourages the state natural resource agencies to use all available means to avoid closure of state-owned or leased parks and facilities.

Sec. 2   RCW 79A.05.030 and 1999 c 249 s 302, 1999 c 155 s 1, and 1999 c 59 s 1 are each reenacted and amended to read as follows:
     The commission shall:
     (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
     (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.
     (3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.
     (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
     (5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than fifty years, and upon such conditions as shall be approved by the commission: PROVIDED, That leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER, That television station leases shall be subject to the provisions of RCW 79A.05.085, only: PROVIDED FURTHER, That the rates of such concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.
     (6) Contract with private sponsors for individual parks when the commission determines that sponsorship would decrease costs, improve service, avoid park closures, or otherwise be in the best interest of the park system. Sponsors may assume responsibility for any aspect of park management, including routine building and grounds maintenance, security, parks operations, park renovations, or development of new facilities. Sponsorship should augment but not replace the functions of current commission employees. The commission shall recognize the efforts of any participating sponsor by erecting and maintaining signs with the sponsor's name at the park entry, information kiosk, or other appropriate location.
     (7) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
     (((7))) (8) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights of way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
     (a) The cost of the option agreement does not exceed one dollar; and
     (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.

Sec. 3   RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
     (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
     (a) Review and prescribe basic goals and objectives related to those policies; and
     (b) Review the performance of the department in implementing fish and wildlife policies.
     The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
     (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
     (3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
     (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
     (5) The commission shall adopt rules to implement the state's fish and wildlife laws.
     (6) The commission shall have final approval authority for the department's budget proposals.
     (7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.
     (8) The commission may contract with private sponsors for any commission access site or facility, including hatcheries, when the commission finds that sponsorship would decrease costs, improve service, avoid site or facility closure, or otherwise be in the best interest of the state. Sponsors may assume responsibility for any aspect of fish and wildlife facility management, including routine building and grounds maintenance, security, operations, renovations, or development of new facilities. Sponsorship should augment but not replace the functions of current employees. The commission shall recognize the efforts of any participating sponsor by erecting and maintaining signs with the sponsor's name at the facility entry, information kiosk, or other appropriate location.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.30 RCW to read as follows:
     The department may contract with private sponsors for any recreation site managed by the department when the department determines that sponsorship would decrease costs, improve service, avoid recreation site closure, or otherwise be in the best interest of the state. Sponsors may assume responsibility for any aspect of recreation site management, including routine building and grounds maintenance, security, operations, renovations, or development of new facilities. Sponsorship should augment but not replace the functions of current employees. The department shall recognize the efforts of any participating sponsor by erecting and maintaining signs with the sponsor's name at the recreation site entry, information kiosk, or other appropriate location.