BILL REQ. #:  S-4084.2 

Read first time 02/01/10.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to the department of natural resources; amending RCW 43.30.010, 43.30.030, 77.08.010, 79A.05.010, 43.17.010, 43.17.020, and 77.04.055; reenacting and amending RCW 79A.05.030; adding new sections to chapter 43.330 RCW; adding a new section to chapter 77.04 RCW; adding a new section to chapter 79A.05 RCW; creating new sections; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that perpetual management of Washington state natural resources, including sustainable harvesting of minerals, timber, and other forest products, and the preservation and protection of fish and wildlife and recreational opportunities requires clear, efficient, streamlined, and scientific management by a single state agency. Such a consolidation will bring combined resources to bear on securing, managing, and enhancing all of the state's natural resources. It will simplify licensing, amplify research, avoid duplication, and magnify enforcement of laws and rules. It will provide all forest landowners, fishers, hunters, users of recreation, and tribal fisheries comanagers with a single source of consistent policies, procedures, and access.
     (2) This act abolishes the department of fish and wildlife and the agency known as the state parks and recreation commission and transfers their powers, duties, and functions to the department of natural resources and administratively locates the fish and wildlife commission and the governor-appointed state parks and recreation commission within the department of natural resources. The legislature intends no substantive fish, wildlife, or parks and recreation policy changes and no transfer of powers and duties away from the fish and wildlife commission and the governor-appointed state parks and recreation commission unless specifically stated in this act.

Sec. 2   RCW 43.30.010 and 1979 c 107 s 4 are each amended to read as follows:
     The purpose of this chapter is to provide for more effective and efficient management of the forest ((and)), land, fish, wildlife, and recreation resources in the state by consolidating into ((a)) the department of natural resources ((certain)) all powers, duties, and functions of the ((division of forestry of the department of conservation and development, the board of state land commissioners, the state forest board, all state sustained yield forest committees, director of conservation and development, state capitol committee, director of licensing, secretary of state, director of revenue, and commissioner of public lands)) department of fish and wildlife and to administratively locate the governor-appointed parks and recreation commission as created in RCW 79A.05.015 and the fish and wildlife commission within the department of natural resources.

Sec. 3   RCW 43.30.030 and 1965 c 8 s 43.30.030 are each amended to read as follows:
     (1) The department of natural resources is hereby created, to consist of a board of natural resources, a state parks and recreation commission, a fish and wildlife commission, an administrator, and a supervisor.
     (2) The department of natural resources must be organized in a manner that accomplishes three overarching objectives:
     (a) Management of state lands and recreation including, but not limited to: (i) Management of aquatic, forest, agriculture, and habitat lands and the general care, maintenance, and preservation of such lands; and (ii) management of recreational opportunities including hunting and fishing licensure, wildlife viewing, and the use of state parks and other recreational areas;
     (b) Management of natural resources including, but not limited to: (i) Transactions involving state land, timber, aquatic, and earth resources; and (ii) management of fish, shellfish, and wildlife.
     (c) The protection of natural resources including, but not limited to: (i) Fire protection and suppression; (ii) forest practices; (iii) hydraulic project approvals; and (iv) enforcement.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.330 RCW to read as follows:
     (1) The department of fish and wildlife is abolished and its powers, duties, and functions are transferred to the department of natural resources. The agency known as the state parks and recreation commission is abolished. The duties of the governor-appointed state parks and recreation commission created in RCW 79A.05.015 and the fish and wildlife commission are administratively transferred to the department of natural resources. The governor-appointed state parks and recreation commission created in RCW 79A.05.015 and the fish and wildlife commission retain their powers, duties, and functions.
     (2) All reports, documents, surveys, books, records, files, papers, or written material connected with the powers, duties, and functions transferred in this act shall be delivered to the custody of the department of natural resources. All cabinets, furniture, office equipment, motor vehicles, aircraft, and other tangible property employed in connection with the powers, duties, and functions transferred shall be made available to the department of natural resources. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the department of natural resources.
     Any appropriations made in connection with the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the department of natural resources.
     Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, or as to the powers, duties, and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All classified employees employed in connection with the powers, duties, and functions transferred are transferred to the jurisdiction of the department of natural resources. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of natural resources to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before any agency of state government pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of natural resources. All existing contracts, obligations, and agreements shall remain in full force and shall be performed by the department of natural resources.
     (5) The transfer of the powers, duties, functions, and personnel shall not affect the validity of any act performed by any employee before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.

Sec. 5   RCW 77.08.010 and 2009 c 333 s 12 are each amended to read as follows:
     The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
     (1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
     (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (58), and (59) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife commission.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (13) "Department" means the department of ((fish and wildlife)) natural resources.
     (14) "Director" means the ((director of fish and wildlife)) commissioner of public lands.
     (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (16) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.
     (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (25) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (27) "Illegal items" means those items unlawful to be possessed.
     (28) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (45) "Resident" means:
     (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (47) "Saltwater" means those marine waters seaward of river mouths.
     (48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (49) "Senior" means a person seventy years old or older.
     (50) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (51) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (52) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (53) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (54) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (55) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (56) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (57) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
     (58) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (59) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (60) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.
     (61) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (62) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (63) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (64) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

Sec. 6   RCW 79A.05.010 and 1999 c 249 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this title unless the context clearly requires otherwise.
     (1) "Commission" means the state parks and recreation commission.
     (2) "Chair" means the member of the commission elected pursuant to RCW 79A.05.025.
     (3) "Director" and "director of the state parks and recreation commission" mean the ((director of parks and recreation)) commissioner of public lands or the ((director's)) commissioner's designee.
     (4) "Recreation" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction.
     (5) "Natural forest" means a forest that faithfully represents, or is meant to become representative of, its unaltered state.
     (6) "Department" means the department of natural resources.

Sec. 7   RCW 43.17.010 and 2009 c 565 s 25 are each amended to read as follows:
     There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) ((the department of fish and wildlife, (6))) the department of transportation, (((7))) (6) the department of licensing, (((8))) (7) the department of general administration, (((9))) (8) the department of commerce, (((10))) (9) the department of veterans affairs, (((11))) (10) the department of revenue, (((12))) (11) the department of retirement systems, (((13))) (12) the department of corrections, (((14))) (13) the department of health, (((15))) (14) the department of financial institutions, (((16))) (15) the department of archaeology and historic preservation, (((17))) (16) the department of early learning, and (((18))) (17) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 8   RCW 43.17.020 and 2009 c 565 s 26 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) ((the director of fish and wildlife, (6))) the secretary of transportation, (((7))) (6) the director of licensing, (((8))) (7) the director of general administration, (((9))) (8) the director of commerce, (((10))) (9) the director of veterans affairs, (((11))) (10) the director of revenue, (((12))) (11) the director of retirement systems, (((13))) (12) the secretary of corrections, (((14))) (13) the secretary of health, (((15))) (14) the director of financial institutions, (((16))) (15) the director of the department of archaeology and historic preservation, (((17))) (16) the director of early learning, and (((18))) (17) the executive director of the Puget Sound partnership.
     Such officers((, except the director of fish and wildlife,)) shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.))

Sec. 9   RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
     The fish and wildlife commission shall:
     (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)) Review and make recommendations regarding 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.))

Sec. 10   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:
     (1) The state parks and recreation commission shall:
     (((1))) (a) 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))) (b) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks ((and)), parkways, and other recreational areas. 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))) (c) Permit the use of state parks ((and)), parkways, and other recreational areas by the public under such rules as shall be adopted.
     (((4))) (d) Provide guidance to the department regarding actions to clear, drain, grade, seed, and otherwise improve or beautify parks ((and)), parkways, and other recreational areas, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks ((and)), parkways, and other recreational areas.
     (((5))) (e) Grant concessions or leases in state parks ((and)), parkways, and other recreational areas 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. 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))) (f) 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, and other recreational purposes as it deems proper. If the ((commission)) land cannot be acquired ((any tract)) at a price ((it)) the commission deems reasonable, ((it)) the commission may, by majority vote of its authorized membership, direct the department to 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))) (i) The cost of the option agreement does not exceed one dollar; and
     (((b))) (ii) Moneys used for the purchase of the option agreement are from (((i))) (A) funds appropriated therefor, or (((ii))) (B) funds appropriated for undesignated land acquisitions, or (((iii))) (C) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (((c))) (iii) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (((8))) (g) 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))) (h) 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, 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.))
     (i) Review and make recommendations regarding the department's budget proposals.
     (2) The department of natural resources shall:
     (a) Employ such assistance as it deems necessary. Expenses relating to the 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 department, at its discretion, may waive fees otherwise applicable to volunteers. The department 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.
     (b) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, 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 department, employed as of July 24, 2005, is exempt from the provisions of this subsection.

NEW SECTION.  Sec. 11   A new section is added to chapter 77.04 RCW to read as follows:
     Unless the language specifically indicates otherwise, or unless the context plainly requires a different interpretation:
     Wherever in any provision in the Revised Code of Washington the term "department of fish and wildlife" or "department," when referring to the department of fish and wildlife, is used, it means the department of natural resources created in RCW 43.30.030.
     Wherever in any provision in the Revised Code of Washington the term "director of the department of fish and wildlife," or "director," when referring to the director of the department of fish and wildlife, is used, it means the commissioner of public lands as defined in RCW 43.30.020.

NEW SECTION.  Sec. 12   A new section is added to chapter 79A.05 RCW to read as follows:
     Unless the language specifically indicates otherwise, or unless the context plainly requires a different interpretation:
     Wherever in any provision in the Revised Code of Washington the term "state parks and recreation commission" or "parks and recreation commission," when referring to the agency known as the state parks and recreation commission, is used, it means the department of natural resources created in RCW 43.30.030.
     Wherever in any provision in the Revised Code of Washington the term "director of the state parks and recreation commission" or "director," when referring to the director of the state parks and recreation commission, is used, it means the commissioner of public lands as defined in RCW 43.30.020.

NEW SECTION.  Sec. 13   By July 1, 2010, the department of natural resources, the department of fish and wildlife, the fish and wildlife commission, and the state parks and recreation commission shall devise a plan necessary to implement the changes provided for in this act by September 1, 2010.

NEW SECTION.  Sec. 14   The department of natural resources shall, by December 1, 2010, submit to the legislature any corrective or clarifying legislation necessary to effect the changes provided for in this act.

NEW SECTION.  Sec. 15   A new section is added to chapter 43.330 RCW to read as follows:
     For purposes of harmonizing and clarifying the provisions of the statutes published in the Revised Code of Washington, the code reviser may, along with the department of natural resources as specified in RCW 43.30.030, substitute words designating the department of natural resources or the administrator of the department of natural resources, as appropriate, whenever necessary to effect the changes in meaning provided for in this act or any other act of the 2010 legislature.

NEW SECTION.  Sec. 16   Sections 2 through 10 of this act take effect September 1, 2010.

NEW SECTION.  Sec. 17   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.