2339-S AMH MCCU CALL 085

SHB 2339 - H AMD 796

By Representative McCune

NOT ADOPTED 4/20/2009

    Strike everything after the enacting clause and insert the following:   

    "NEW SECTION.  Sec. 1. A new section is added to chapter 79A.05 RCW to read as follows:

    (1) The commission shall attempt to recruit and maintain volunteers to serve as park hosts in all state parks.  It is the goal of the commission to have volunteer park hosts available at each state park for at least eight hours of every day that the park is open.  The commission shall report to the appropriate committees of the legislature by the end of each odd-numbered year regarding the state parks where this goal was not met and a summary of recruiting efforts conducted by the commission to meet the goal.

    (2) Volunteer park hosts have the following responsibilities and duties:

    (a) Solicit voluntary donations from park guests, including the provision of any pertinent information regarding the tax benefits of donations to state parks;

    (b) Assist with visitor services, such as greeting guests, answering questions, and dispensing information;

    (c) Conduct minor concessions at the park; and

    (d) Perform minor maintenance of the park facilities.

    (3) The commission shall, in state parks that are not staffed by volunteer park hosts, utilize unmanned donation collection boxes to solicit voluntary donations from park guests.  The commission may use unmanned voluntary collection boxes in state parks staffed by volunteer park hosts.

    (4) All donations collected under this section must be deposited into the state parks renewal and stewardship account established in RCW 79A.05.215.

    (5) The commission shall not charge volunteer park hosts for camping, boat moorage, utility hookups, or other fees charged for the use of state parks and state parks facilities.  The commission may establish minimum hourly commitments necessary for volunteer park hosts to qualify for fee waivers.

Sec. 2. RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 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) Employ such assistance as it deems necessary and recruit volunteer assistance as required by section 1 of this act.  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)) shall waive commission fees ((otherwise applicable to volunteers)) for volunteer park hosts recruited under section 1 of this act and may waive fees for other park volunteers.  The commission shall not use volunteers, other than volunteer park hosts recruited under section 1 of this act, to replace or supplant classified positions.  The use of volunteers, other than volunteer park hosts recruited under section 1 of this act, may not lead to the elimination of any employees or permanent positions in the bargaining unit.

    (7) 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.

    (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.

    (10) Adopt rules establishing the requirements for a criminal history record information search for the following:  Job applicants, volunteer park hosts and other park volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions.  These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints.  A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection.

Sec. 3. RCW 79A.05.215 and 2007 c 340 s 2 are each amended to read as follows:

    The state parks renewal and stewardship account is created in the state treasury.  Except as otherwise provided in this chapter, all receipts from user fees, concessions, leases, donations collected under RCW 46.16.076 and section 1 of this act, and other state park-based activities shall be deposited into the account.  Expenditures from the account may be used for operating state parks, developing and renovating park facilities, undertaking deferred maintenance, enhancing park stewardship, and other state park purposes.  Expenditures from the account may be made only after appropriation by the legislature."

    Correct the title.

EFFECT:   Removes the underlying text and replaces it with direction to the State Parks and Recreation Commission to recruit

    and maintain volunteers to serve as park hosts in all state parks;     empowers park hosts to solicit voluntary donations from park guests, assist with    visitor services, conduct minor concessions     at the park, and perform minor maintenance of the park facilities;    requires the use    of unmanned collection boxes at locations without    park hosts,     requires the Parks and Recreation Commission to waive

    fees for park hosts, and allows park hosts to replace classified  positions.

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