SSB 5036 -
By Committee on General Government Appropriations & Oversight
ADOPTED 04/07/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 88.02.640 and 2010 c 161 s 1028 are each amended to
read as follows:
(1) In addition to any other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge the following vessel fees:
FEE | AMOUNT | AUTHORITY | DISTRIBUTION |
(a) Dealer temporary permit | $5.00 | RCW 88.02.800(2) | General fund |
(b) Derelict vessel and invasive species removal | Subsection (3) of this section | Subsections (3) and (4) of this section | Subsection (3) of this section |
(c) Duplicate registration | $1.25 | RCW 88.02.590(1)(c) | General fund |
(d) Filing | RCW 46.17.005 | RCW 46.17.005 | RCW 46.68.440 |
(e) License plate technology | RCW 46.17.015 | RCW 46.17.015 | RCW 46.68.400 |
(f) License service | RCW 46.17.025 | RCW 46.17.025 | RCW 46.68.220 |
(g) Nonresident vessel permit | $25.00 | RCW 88.02.620(3) | Subsection (6) of this section |
(h) Registration | $10.50 | RCW 88.02.560(2) | General fund |
(i) Replacement decal | $1.25 | RCW 88.02.595(1)(c) | General fund |
(j) Title application | $5.00 | RCW 88.02.515 | General fund |
(k) Transfer | $1.00 | RCW 88.02.560(7) | General fund |
(l) Vessel visitor permit | $30.00 | RCW 88.02.610(3) | General fund |
Sec. 2 RCW 43.21A.667 and 2009 c 564 s 933 are each amended to
read as follows:
(1) The ((freshwater)) aquatic algae control account is created in
the state treasury. Moneys directed to the account from RCW
((88.02.050)) 88.02.640 must be deposited in the account. Expenditures
from the account may only be used as provided in this section. Moneys
in the account may be spent only after appropriation.
(2) Funds in the ((freshwater)) aquatic algae control account may
be appropriated to the department to develop a freshwater and saltwater
aquatic algae control program and may be used to establish contingency
funds for emergent issues. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose
districts, and state agencies: (i) To manage excessive freshwater and
saltwater nuisance algae, with priority for the treatment of lakes in
which harmful algal blooms have occurred within the past three years;
and ((during the 2009-2011 fiscal biennium to provide grants)) (ii) for
((sea lettuce research)) freshwater and saltwater nuisance algae
monitoring and removal ((to assist Puget Sound communities that are
impacted by hyperblooms of sea lettuce)); and
(b) To provide technical assistance to applicants and the public
about aquatic algae control.
(3) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005. The first report is due
December 1, 2007.
(4) For the purposes of this section, "saltwater nuisance algae"
means native invasive algae (sea lettuce), nonnative invasive algae,
and algae producing harmful toxins.
Sec. 3 RCW 43.43.400 and 2007 c 350 s 1 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise:
(a) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under RCW 77.08.010 (((49) through (54))) (28), (40), (44),
(58), and (59), aquatic noxious weeds as defined under RCW
17.26.020(5)(c), and aquatic nuisance species as defined under RCW
77.60.130(1).
(b) "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.
(2) The aquatic invasive species enforcement account is created in
the state treasury. Moneys directed to the account from RCW
((88.02.050)) 88.02.640 must be deposited in the account. Expenditures
from the account may only be used as provided in this section. Moneys
in the account may be spent only after appropriation.
(3) Funds in the aquatic invasive species enforcement account may
be appropriated to the Washington state patrol and the department of
fish and wildlife to develop an aquatic invasive species enforcement
program for recreational and commercial watercraft, which includes
equipment used to transport the watercraft and auxiliary equipment such
as attached or detached outboard motors. Funds must be expended as
follows:
(a) By the Washington state patrol, to inspect recreational and
commercial watercraft that are required to stop at port of entry weigh
stations managed by the Washington state patrol. The watercraft must
be inspected for the presence of aquatic invasive species; and
(b) By the department of fish and wildlife to:
(i) Establish random check stations, to inspect recreational and
commercial watercraft as provided for in RCW 77.12.879(3);
(ii) Inspect or delegate inspection of recreational and commercial
watercraft. If the department conducts the inspection, there will be
no cost to the person requesting the inspection;
(iii) Provide training to all department employees that are
deployed in the field to inspect recreational and commercial
watercraft; and
(iv) Provide an inspection receipt verifying that the watercraft is
not contaminated after the watercraft has been inspected at a check
station or has been inspected at the request of the owner of the
recreational or commercial watercraft. The inspection receipt is valid
until the watercraft is used again.
(4) The Washington state patrol and the department of fish and
wildlife shall submit a biennial report to the appropriate legislative
committees describing the actions taken to implement this section along
with suggestions on how to better fulfill the intent of chapter 464,
Laws of 2005. The first report is due December 1, 2007.
Sec. 4 RCW 77.12.879 and 2009 c 333 s 22 are each amended to read
as follows:
(1) The aquatic invasive species prevention account is created in
the state treasury. Moneys directed to the account from RCW
((88.02.050)) 88.02.640 must be deposited in the account. Expenditures
from the account may only be used as provided in this section. Moneys
in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species prevention account may be
appropriated to the department to develop an aquatic invasive species
prevention program for recreational and commercial watercraft. Funds
must be expended as follows:
(a) To inspect recreational and commercial watercraft;
(b) To educate general law enforcement officers on how to enforce
state laws relating to preventing the spread of aquatic invasive
species;
(c) To evaluate and survey the risk posed by recreational and
commercial watercraft in spreading aquatic invasive species into
Washington state waters;
(d) To evaluate the risk posed by float planes in spreading aquatic
invasive species into Washington state waters; and
(e) To implement an aquatic invasive species early detection and
rapid response plan. The plan must address the treatment and immediate
response to the introduction to Washington waters of aquatic invasive
species. Agency and public review of the plan must be conducted under
chapter 43.21C RCW, the state environmental policy act. If the
implementation measures or actions would have a probable significant
adverse environmental impact, a detailed statement under chapter 43.21C
RCW must be prepared on the plan.
(3) Funds in the aquatic invasive species enforcement account
created in RCW 43.43.400 may be appropriated to the department and
Washington state patrol to develop an aquatic invasive species
enforcement program for recreational and commercial watercraft. The
department shall provide training to Washington state patrol employees
working at port of entry weigh stations, and other local law
enforcement employees, on how to inspect recreational and commercial
watercraft for the presence of aquatic invasive species. A person who
enters Washington by road transporting any commercial or recreational
watercraft that has been used in any designated aquatic invasive
species state or foreign country as defined by rule of the department
must have in his or her possession valid documentation that the
watercraft has been inspected and found free of aquatic invasive
species. The department is authorized to require persons transporting
recreational and commercial watercraft to stop at check stations.
Check stations must be plainly marked by signs, operated by at least
one uniformed fish and wildlife officer, and operated in a safe manner.
Any person stopped at a check station who possesses a recreational or
commercial watercraft that has been used in any designated aquatic
invasive species state or foreign country as defined by rule of the
department, or that is contaminated with aquatic invasive species, must
bear the expense for any necessary impoundment, transportation,
cleaning, and decontamination of the watercraft. Any person stopped at
a check station who possesses a recreational or commercial watercraft
that has been used in any designated aquatic invasive species state or
foreign country as defined by rule of the department, or that is
contaminated with aquatic invasive species, is exempt from the criminal
penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under
RCW 77.15.070, if that person complies with all department directives
for the proper decontamination of the watercraft and equipment.
(4) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005."
Correct the title.
EFFECT: Allows funds in the aquatic algae control account (account) to be used to establish contingency funds for emergent issues (in addition to developing an aquatic algae control program). Allows grants from the account to be used for freshwater and saltwater nuisance algae monitoring and removal (instead of saltwater nuisance algae research, survey, monitoring, and removal).