BILL REQ. #:  S-1059.1 

Read first time 01/27/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to protecting public lands through off-road vehicle safety education and training; and adding new sections to chapter 46.09 RCW.

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

NEW SECTION.  Sec. 1   (1) The department shall adopt standards for and implement a comprehensive off-road vehicle safety education and training program. The training program must provide for the hands-on training of off-road vehicle operators and for the issuance of off-road vehicle safety certificates to operators who successfully complete the training program. Course content must be adopted from a curriculum developed by a nationally recognized safety organization and include content regarding protection of public lands and the environment.
     (2) The department may authorize persons, clubs, associations, municipalities, or other political subdivisions of the state to conduct training programs and issue off-road vehicle safety certificates in the director's name. Any authorized person, club, association, municipality, or political subdivision may charge a reasonable fee, subject to department approval, for the training program.

NEW SECTION.  Sec. 2   (1) Except as provided in subsection (3) of this section, all off-road vehicle operators seeking a safety certificate must successfully complete a training program required by section 1 of this act.
     (2) Beginning July 1, 2010, to operate an off-road vehicle on public land a person must possess a safety certificate issued by the director or by another state or Canadian province. A nonresident who does not possess a safety certificate may operate an off-road vehicle on public land for five days in a calendar year.
     (3) The director may issue an exceptional safety certificate to an applicant who is at least eighteen years of age upon a satisfactory showing by the applicant of at least five years of off-road vehicle operating experience.
     (4) The director may collect a fee of ten dollars for the issuance of a safety certificate.

NEW SECTION.  Sec. 3   (1) The director shall by rule establish a training program to certify off-road vehicle safety instructors, clubs, associations, municipalities, or political subdivisions to conduct a training program and to issue safety certificates in the director's name.
     (2) Off-road vehicle safety instructors must meet the following minimum requirements to become certified:
     (a) Possess a current off-road vehicle safety instructor certification or license issued by a recognized off-road vehicle safety organization;
     (b) Be at least eighteen years of age;
     (c) Have no convictions relating to or as a result of the use of alcohol or drugs during the immediately preceding two years; and
     (d) Have no previous felony convictions.

NEW SECTION.  Sec. 4   The off-road vehicle safety training and education account is created in the custody of the state treasurer. All receipts from section 2 of this act must be deposited into the account. Expenditures from the account may be used only to support the off-road vehicle safety program created in sections 1 through 5 of this act. Only the director of the department of licensing or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 5   The director may adopt rules as necessary to carry out and enforce sections 1 through 4 of this act.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act are each added to chapter 46.09 RCW.