BILL REQ. #:  S-0914.4 

Read first time 01/30/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to recreation on lands owned by the department of natural resources; amending RCW 79.105.240; adding a new section to chapter 43.30 RCW; adding a new section to chapter 79.105 RCW; adding a new chapter to Title 79 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that the department of natural resources has 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. The legislature is aware that although the department of natural resources currently does 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 also finds that the creation of a 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 a recreation pass that will be available to serve as a renewable annual recreation pass for recreation sites owned by the department of natural resources.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of natural resources.
     (2) "Pass" or "recreation pass" means the recreation pass created under section 3 of this act.
     (3) "Recreation site" means those areas designated by the department.

NEW SECTION.  Sec. 3   (1) The recreation pass is created as a renewable annual pass that is valid at any recreation site owned by the department. 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 department 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 recreation sites they are likely to use the pass.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.30 RCW to read as follows:
     (1) A person must purchase and display a recreation pass created under section 3 of this act for access to recreation sites owned by the department.
     (2) The department may exempt nonprofits, youth groups, and other persons from the requirements of chapter 79.-- RCW (the new chapter created in section 9 of this act) if it is in the public interest to do so.

NEW SECTION.  Sec. 5   (1) The 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 recreation pass in accordance with this section is an infraction under chapter 7.84 RCW. Department employees may issue a notice of infraction to the registered owner of any motor vehicle entering upon or using the motor vehicle without the recreation pass. 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 a recreation pass within fifteen days after the issuance of the violation.

NEW SECTION.  Sec. 6   (1) The department of natural resources recreation pass account is created in the custody of the state treasurer. All receipts from the sales of the recreation pass under section 3 of this act and penalties collected under section 4 of this act must be deposited into the account. Expenditures from the account may only be used by the department as provided in subsection (2) of this section. Only the director of the department 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.
     (2) The department must use at least seventy-five percent of the funds for maintenance, repair, and equipment for the department's recreation sites. No more than twenty-five percent of the funds may be used for the costs of collecting the fee.

NEW SECTION.  Sec. 7   A new section is added to chapter 79.105 RCW to read as follows:
     (1) The department shall determine the annual rent for any lease of state-owned aquatic lands for a water-dependent use that qualifies for a youth recreation aquatic lands lease rate by following the method set forth in RCW 79.105.240 (1) through (6) and then multiplying the resulting amount by one-half.
     (2) To be eligible for a youth recreation aquatic lands lease rate, an organization must: (a) Be exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3); and (b) certify that the primary use of the aquatic lands is boating and maritime recreation and instruction for youth.
     (3) Upon request, the department shall promptly redetermine under subsection (1) of this section the annual rent for a lease of state-owned aquatic lands existing on the effective date of this section that meets the requirements of subsection (2) of this section.
     (4) If the department determines that a lease with an annual rent determined under subsection (1) of this section no longer meets the requirements of subsection (2) of this section, the department shall promptly redetermine the annual rent under RCW 79.105.240.

Sec. 8   RCW 79.105.240 and 2005 c 155 s 147 are each amended to read as follows:
     Except as otherwise provided in section 7 of this act and by this chapter, annual rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows:
     (1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland tax parcel used in conjunction with the leased area or, if there are no such uplands, of the nearest upland tax parcel used for water-dependent purposes divided by the parcel area equals the upland value.
     (b) The upland value times the area of leased aquatic lands times thirty percent equals the aquatic land value.
     (2) As of July 1, 1989, and each July 1st thereafter, the department shall determine the real capitalization rate to be applied to water-dependent aquatic land leases commencing or being adjusted under subsection (3)(a) of this section in that fiscal year. The real capitalization rate shall be the real rate of return, except that until June 30, 1989, the real capitalization rate shall be five percent and thereafter it shall not change by more than one percentage point in any one year or be more than seven percent or less than three percent.
     (3) The annual rent shall be:
     (a) Determined initially, and redetermined every four years or as otherwise provided in the lease, by multiplying the aquatic land value times the real capitalization rate; and
     (b) Adjusted by the inflation rate each year in which the rent is not determined under (a) of this subsection.
     (4) If the upland parcel used in conjunction with the leased area is not assessed or has an assessed value inconsistent with the purposes of the lease, the nearest comparable upland parcel used for similar purposes shall be substituted and the lease payment determined in the same manner as provided in this section.
     (5) For the purposes of this section, "upland tax parcel" is a tax parcel, some portion of which has upland characteristics. Filled tidelands or shorelands with upland characteristics which abut state-owned aquatic land shall be considered as uplands in determining aquatic land values.
     (6) The annual rent for filled state-owned aquatic lands that have the characteristics of uplands shall be determined in accordance with RCW 79.105.270 in those cases in which the state owns the fill and has a right to charge for the fill.
     (7) For all new leases for other water-dependent uses, issued after December 31, 1997, the initial annual water-dependent rent shall be determined by the methods in subsections (1) through (6) of this section.

NEW SECTION.  Sec. 9   Sections 1 through 3, 5, and 6 of this act constitute a new chapter in Title 79 RCW.