2SSB 5622 -
By Representative Hudgins
WITHDRAWN 04/21/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that there is an
increasing demand for outdoor recreation opportunities and conservation
measures on lands managed by the department of fish and wildlife, the
department of natural resources, and the state parks and recreation
commission. Development and maintenance of outdoor recreation
facilities and conservation of lands have not kept pace with this
demand. This demand, combined with shrinking resources for management,
has led to the degradation of our lands to the detriment of the
recreating public and efforts to conserve our natural resources.
(2) The legislature further finds that the recreating public cannot
readily discern which agency of the state is responsible for the
management of particular state lands or which policies apply to those
lands.
(3)(a) It is the intent of this act to reform and improve access to
and management of state lands on a sustainable basis for the recreating
public by: Providing a recreational pass and access policies for state
lands; recovering the cost incurred by the state for operations and
management of recreation opportunities; providing resources to address
the growing demand and impacts of outdoor recreationists and
conservation of our natural resources; and providing effective
education and enforcement of state land access policies.
(b) The legislature finds that the United States forest service
offers a Northwest forest pass that allows access to certain federal
lands managed by that agency. The Northwest forest pass program is
similar to the recreational access program established in this act and
serves as a successful model of recreational pass design,
implementation, and distribution. It is the intent of the legislature
for the agencies responsible for implementing this act to model the
implementation of this act, to the degree practicable, after the United
States forest service's Northwest forest pass model.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and
wildlife, the department of natural resources, and the state parks and
recreation commission.
(2) "Day use permit" means the recreational lands access permit
created in section 4 of this act.
(3) "Discover pass" means the pass created in section 3 of this
act.
(4) "Recreational lands" means any designated or developed
recreation area or site managed by an agency for outdoor recreation or
fish and wildlife conservation including designated water access areas,
boat ramps and launches, wildlife areas, parking areas, roads,
trailheads, water trails, and other trails under ownership, management,
lease, or control of the agency.
(5) "Vehicle" has the same meaning as "motor vehicle" defined in
RCW 46.04.320 and which are required to be registered under chapter
46.16A RCW. The term "vehicle" does not include:
(a) An otherwise included motor vehicle if the vehicle is being
towed under the power of a motor vehicle satisfying the definition
provided in RCW 46.04.320;
(b) Those motor vehicles exempt from registration under RCW
46.16A.080; and
(c) State and publicly owned vehicles as provided in RCW
46.16A.170.
NEW SECTION. Sec. 3 (1) The discover pass is created as an
annual pass that is required, except as provided in sections 6 and 9 of
this act, to park or drive a vehicle on any recreational lands.
(2)(a) Except as provided in section 11 of this act, the cost of a
discover pass is thirty dollars.
(b) Every four years the office of financial management must review
the cost of a discover pass and, if necessary, recommend to the
legislature an adjustment to the cost of a discover pass to account for
inflation.
(3) A discover pass is valid for one year from the date of issuance
and must be designed so the expiration month can be designated at the
time of purchase.
(4) A discover pass must be made available for purchase as provided
in section 10 of this act.
(5) A complimentary discover pass must be provided to a volunteer
who performed twenty-four hours of service on agency-sanctioned
volunteer projects in one year. The agency must provide vouchers to
volunteers identifying the number of volunteer hours they have provided
for each project. The vouchers may be taken to an agency to be
redeemed for a discover pass.
(6) Except as otherwise specifically provided in statute, other
than providing the option for a day use permit under section 4 of this
act, the agencies may not require any additional payment for day use
noncommercial recreational access to recreational lands by individuals
or single vehicles. This subsection does not apply to special winter
recreational areas managed by the state parks and recreation commission
under chapter 79A.05 RCW, commercial activities or leases, consumptive
uses, events, rights of entry, or other activities or uses of
recreational lands not otherwise allowed to be accessed or used by the
holders of a discover pass.
NEW SECTION. Sec. 4 (1) A person may purchase a day use permit
that enables the holder to park or drive a vehicle on any recreational
lands without violating the requirements of section 5 of this act.
(2)(a) Except as otherwise provided in this section, the day use
permit is ten dollars.
(b) Every four years the office of financial management must review
the cost of a day use permit and, if necessary, recommend to the
legislature an adjustment to the cost of a day use permit to account
for inflation.
(3) Day use permits must be available for purchase as provided in
section 10 of this act.
NEW SECTION. Sec. 5 (1) Except as provided in section 6 of this
act, a discover pass or a day use permit must be visibly displayed in
the front windshield of any vehicle, or in plain sight on a vehicle
without a windshield when:
(a) Driving on recreational lands; or
(b) Parked on recreational lands.
(2) A discover pass or day use permit is not required on private
lands, state-owned aquatic lands other than water access areas, or at
agency offices, hatcheries, or other facilities where public business
is conducted.
(3) A discover pass or day use permit is not required for persons
who use, possess, or enter lands owned or managed by the agencies for
purposes consistent with a written authorization from the agency,
including but not limited to leases, state or federal contracts, and
easements.
(4) Failure to comply with subsection (1) of this section is a
natural resource infraction under chapter 7.84 RCW. An agency is
authorized to issue a notice of infraction to any person who fails to
comply with subsection (1)(a) of this section or to any vehicle that
fails to comply with subsection (1)(b) of this section.
(5) The penalty for failure to comply with the requirements of this
section is ninety-nine dollars. This penalty is reduced to fifty-nine
dollars if an individual provides proof of purchase of a discover pass
to the court within fifteen days after the issuance of the notice of
violation.
NEW SECTION. Sec. 6 (1) A discover pass or a day use permit are
not required for persons who display proof of payment of a camping fee
collected by the state parks and recreation commission under chapter
79A.05 RCW for the day preceding and the day following the night or
nights of camping designated on the proof of payment.
(2) A discover pass or day use permit is not required to park in
designated winter recreational area parking spaces identified in RCW
79A.05.225 between November 1st through March 31st and are not valid
substitutes for special winter recreational parking permits issued
under RCW 79A.05.230.
(3) The state parks and recreation commission must provide twelve
days a year where a vehicle may enter upon or park at a state park
without having to purchase or display a discover pass or day use
permit. At least three of those days must be on weekends.
NEW SECTION. Sec. 7 (1) The recreation access pass account is
created in the state treasury. All moneys received from the sale of
discover passes created in section 3 of this act and day use permits
created in section 4 of this act must be deposited into the account.
(2) Except as otherwise provided in this section, each fiscal
biennium, the first seventy-one million dollars in revenue must be
distributed to the agencies in the following manner:
(a) Eight percent to the department of fish and wildlife and
deposited into the state wildlife account created in RCW 77.12.170;
(b) Eight percent to the department of natural resources and
deposited into the park land trust revolving fund created in RCW
43.30.385; and
(c) Eighty-four percent to the state parks and recreation
commission and deposited into the state parks renewal and stewardship
account created in RCW 79A.05.215.
(3) Each fiscal biennium, revenues in excess of seventy-one million
dollars must be distributed equally among the agencies to the accounts
identified in subsection (2) of this section.
(4) Revenues distributed from the recreation access pass account
may only be used by the agencies for the following purposes:
(a) Operating, maintaining, providing stewardship of, and
administering recreational lands and public access to public lands,
including criminal and civil law enforcement; and
(b) Securing public access to land owned by an agency that does not
have direct public access, or to fishing and hunting areas located on,
or requiring access through, private lands.
(5) Prior to distributing revenue to the agencies under this
section, the state parks and recreation commission must be reimbursed
for the costs of producing, marketing, and distributing discover passes
and day use permits under section 8 of this act.
NEW SECTION. Sec. 8 Administration of this chapter, including
the production, marketing, and distribution of discover passes and day
use permits to private vendors and other sales locations, is the
primary responsibility of the state parks and recreation commission.
NEW SECTION. Sec. 9 Each agency must, where applicable,
designate a short-term parking area on recreational lands that allows
a vehicle to park on the recreational lands for up to fifteen minutes
without having to display a discover pass or day use permit.
NEW SECTION. Sec. 10 (1) Discover passes and day use permits may
be made available for purchase:
(a) Through private sector vendors under contract with the state
parks and recreation commission;
(b) Directly from the state parks and recreation commission, both
through that agency's parks reservation system, directly from agency
employees or volunteers at staffed state parks, or as otherwise
provided in RCW 79A.05.070;
(c) At state liquor stores and contract liquor stores, as that term
is defined in RCW 66.04.010;
(d) From the department of licensing as provided in RCW 46.01.140
and section 32 of this act;
(e) From other outlets authorized by law to sell state licenses,
permits, or passes; and
(f) Consistent with RCW 77.32.050, through the department of fish
and wildlife's automated licensing system.
(2) The department of fish and wildlife's automated licensing
system is only one option for the sale of discover passes and day use
permits. Only discover passes and day use permits purchased in the
same transaction with licenses or permits issued under Title 77 RCW are
required to be sold through the automated licensing system and assessed
a transaction fee paid by the purchaser.
(3) Once purchased, a discover pass may not be returned and the
purchase price may not be refunded. Replacements for lost or stolen
discover passes may only be provided at full cost as provided in
sections 3 and 4 of this act.
NEW SECTION. Sec. 11 A new section is added to chapter 77.32 RCW
to read as follows:
(1) The department must make a discover pass available for purchase
to any person who, in the same transaction, also purchases one of the
following:
(a) A big game hunting license issued under RCW 77.32.450;
(b) A small game hunting license issued under RCW 77.32.460;
(c) A western Washington pheasant permit issued under RCW
77.32.575;
(d) A trapping license issued under RCW 77.65.450;
(e) A watchable wildlife decal issued under RCW 77.32.560; or
(f) A combination, saltwater, or freshwater personal use fishing
license issued under RCW 77.32.470.
(2) The cost of a discover pass, when purchased during the same
transaction as an item identified in subsection (1) of this section, is
fifty percent of the cost of a discover pass as established in section
3 of this act.
(3) Only one discounted discover pass may be issued per
transaction. Additional discover passes, as well as discover passes
and day use permits sold to an individual purchasing an item other than
those identified in subsection (1) of this section, may be purchased
for the amount established in section 3 of this act.
(4) The fees collected for all discover passes and day use permits
purchased under this section must be deposited in the recreation access
pass account created in section 7 of this act.
(5) For the purposes of this section and unless the context clearly
requires otherwise, the terms "discover pass" and "day use permit" have
the same meaning as provided in section 2 of this act.
Sec. 12 RCW 4.24.210 and 2006 c 212 s 6 are each amended to read
as follows:
(1) Except as otherwise provided in subsection (3) or (4) of this
section, any public or private landowners or others in lawful
possession and control of any lands whether designated resource, rural,
or urban, or water areas or channels and lands adjacent to such areas
or channels, who allow members of the public to use them for the
purposes of outdoor recreation, which term includes, but is not limited
to, the cutting, gathering, and removing of firewood by private persons
for their personal use without purchasing the firewood from the
landowner, hunting, fishing, camping, picnicking, swimming, hiking,
bicycling, skateboarding or other nonmotorized wheel-based activities,
hanggliding, paragliding, rock climbing, the riding of horses or other
animals, clam digging, pleasure driving of off-road vehicles,
snowmobiles, and other vehicles, boating, nature study, winter or water
sports, viewing or enjoying historical, archaeological, scenic, or
scientific sites, without charging a fee of any kind therefor, shall
not be liable for unintentional injuries to such users.
(2) Except as otherwise provided in subsection (3) or (4) of this
section, any public or private landowner or others in lawful possession
and control of any lands whether rural or urban, or water areas or
channels and lands adjacent to such areas or channels, who offer or
allow such land to be used for purposes of a fish or wildlife
cooperative project, or allow access to such land for cleanup of litter
or other solid waste, shall not be liable for unintentional injuries to
any volunteer group or to any other users.
(3) Any public or private landowner, or others in lawful possession
and control of the land, may charge an administrative fee of up to
twenty-five dollars for the cutting, gathering, and removing of
firewood from the land.
(4) Nothing in this section shall prevent the liability of a
landowner or others in lawful possession and control for injuries
sustained to users by reason of a known dangerous artificial latent
condition for which warning signs have not been conspicuously posted.
A fixed anchor used in rock climbing and put in place by someone other
than a landowner is not a known dangerous artificial latent condition
and a landowner under subsection (1) of this section shall not be
liable for unintentional injuries resulting from the condition or use
of such an anchor. Nothing in RCW 4.24.200 and this section limits or
expands in any way the doctrine of attractive nuisance. Usage by
members of the public, volunteer groups, or other users is permissive
and does not support any claim of adverse possession.
(5) For purposes of this section, the following are not fees:
(a) A license or permit issued for statewide use under authority of
chapter 79A.05 RCW or Title 77 RCW; ((and))
(b) A discover pass or day use permit issued under section 3 or 4
of this act; and
(c) A daily charge not to exceed twenty dollars per person, per
day, for access to a publicly owned ORV sports park, as defined in RCW
((46.09.020)) 46.09.310, or other public facility accessed by a
highway, street, or nonhighway road for the purposes of off-road
vehicle use.
NEW SECTION. Sec. 13 A new section is added to chapter 7.84 RCW
to read as follows:
The director chosen by the state parks and recreation commission,
the commissioner of public lands, and the director of the department of
fish and wildlife are each authorized to delegate and accept
enforcement authority over natural resource infractions to or from the
other agencies through an agreement entered into under the interlocal
cooperation act, chapter 39.34 RCW.
Sec. 14 RCW 7.84.030 and 2009 c 174 s 1 are each amended to read
as follows:
(1) An infraction proceeding is initiated by the issuance and
service of a printed notice of infraction and filing of a printed or
electronic copy of the notice of infraction.
(2) A notice of infraction may be issued by a person authorized to
enforce the provisions of the title or chapter in which the infraction
is established, or by a person authorized by an interlocal agreement
entered into under section 13 of this act, when the infraction occurs
in that person's presence.
(3) A court may issue a notice of infraction if a person authorized
to enforce the provisions of the title or chapter in which the
infraction is established, or a person authorized by an interlocal
agreement entered into under section 13 of this act, files with the
court a written statement that the infraction was committed in that
person's presence or that the officer has reason to believe an
infraction was committed.
(4) Service of a notice of infraction issued under subsection (2)
or (3) of this section shall be as provided by court rule.
(5) A notice of infraction shall be filed with a court having
jurisdiction within five days of issuance, excluding Saturdays,
Sundays, and holidays.
Sec. 15 RCW 79A.05.160 and 1965 c 8 s 43.51.170 are each amended
to read as follows:
(1) The members of the ((state parks and recreation)) commission
and ((such of)) its designated employees ((as the commission may
designate)) shall be vested with police powers to enforce the laws of
this state.
(2) The director may, under the provisions of section 13 of this
act, enter into an agreement allowing employees of the department of
natural resources and the department of fish and wildlife to enforce
certain civil and natural resources infractions created under this
title.
Sec. 16 RCW 43.12.065 and 2003 c 53 s 229 are each amended to
read as follows:
(1) For the promotion of the public safety and the protection of
public property, the department of natural resources may, in accordance
with chapter 34.05 RCW, issue, ((promulgate,)) adopt, and enforce rules
pertaining to use by the public of state-owned lands and property which
are administered by the department.
(2)(a) Except as otherwise provided in this subsection, a violation
of any rule adopted under this section is a misdemeanor.
(b) Except as provided in (c) of this subsection, the department
may specify by rule, when not inconsistent with applicable statutes,
that violation of such a rule is an infraction under chapter 7.84
RCW((: PROVIDED, That)). However, any violation of a rule relating to
traffic including parking, standing, stopping, and pedestrian offenses
is a traffic infraction.
(c) Violation of such a rule equivalent to those provisions of
Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
(3) The commissioner of public lands and ((such of his or her))
those employees as ((he or she)) the commissioner may designate shall
be vested with police powers when enforcing:
(a) The rules of the department adopted under this section; ((or))
(b) The natural resources infractions created under section 5 of
this act; or
(c) The general criminal statutes or ordinances of the state or its
political subdivisions where enforcement is necessary for the
protection of state-owned lands and property.
(4) The commissioner of public lands may, under the provisions of
section 13 of this act, enter into an agreement allowing employees of
the state parks and recreation commission and the department of fish
and wildlife to enforce certain civil and natural resources infractions
created under this title and chapter 79A.--- RCW (the new chapter
created in section 33 of this act).
Sec. 17 RCW 77.15.020 and 2005 c 321 s 2 are each amended to read
as follows:
(1) If the commission or director has authority to adopt a rule
that is punishable as a crime under this chapter, then the commission
or director may provide that violation of the rule shall be punished
with notice of infraction under RCW 7.84.030. Neither the commission
nor the director have the authority to adopt a rule providing that a
violation punishable as an infraction shall be a crime.
(2) The director may, under the provisions of section 13 of this
act, enter into an agreement allowing employees of the state parks and
recreation commission and the department of natural resources to
enforce certain civil and natural resources infractions created under
this title and chapter 79A.--- RCW (the new chapter created in section
33 of this act).
Sec. 18 RCW 77.32.560 and 2009 c 333 s 42 are each amended to
read as follows:
(1) The department may sell watchable wildlife decals. Proceeds
from the sale of the decal must be deposited into the state wildlife
account created in RCW 77.12.170 and must be dedicated to the support
of the department's watchable wildlife activities. The department may
also use proceeds from the sale of the decal for marketing the decal
and for marketing watchable wildlife activities in the state.
(2) The term "watchable wildlife activities" includes but is not
limited to: Initiating partnerships with communities to jointly
develop watchable wildlife projects, building infrastructure to serve
wildlife viewers, assisting and training communities in conducting
wildlife watching events, developing destination wildlife viewing
corridors and trails, tours, maps, brochures, and travel aides, and
offering grants to assist rural communities in identifying key wildlife
attractions and ways to protect and promote them.
(3) The commission must adopt by rule the cost of the watchable
wildlife decal. A person may, at their discretion, contribute more
than the cost as set by the commission by rule for the watchable
wildlife decal in order to support watchable wildlife activities. ((A
person who purchases a watchable wildlife decal must be issued one
vehicle use permit free of charge.))
Sec. 19 RCW 77.32.010 and 2009 c 564 s 956 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, a recreational
license issued by the director is required to hunt for or take wild
animals or wild birds, fish for, take, or harvest fish, shellfish, and
seaweed. A recreational fishing or shellfish license is not required
for carp, smelt, and crawfish, and a hunting license is not required
for bullfrogs.
(2) A discover pass or day use permit issued ((by the department is
required to park a motor vehicle upon improved department access
facilities)) under section 3 or 4 of this act is required to access,
park a vehicle on, or drive a vehicle on recreational lands managed by
the department, as the term "recreational lands" is defined in section
2 of this act.
(3) During the 2009-2011 fiscal biennium to enable the
implementation of the pilot project established in section 307, chapter
329, Laws of 2008, a fishing permit issued to a nontribal member by the
Colville Tribes shall satisfy the license requirements in subsection
(1) of this section on the waters of Lake Rufus Woods and on the north
shore of Lake Rufus Woods, and a Colville Tribes tribal member
identification card shall satisfy the license requirements in
subsection (1) of this section on all waters of Lake Rufus Woods.
Sec. 20 RCW 77.15.750 and 2010 c 193 s 9 are each amended to read
as follows:
(1) A person is guilty of unlawful use of a department permit if
the person:
(a) Violates any terms or conditions of the permit issued by the
department or the director; or
(b) Violates any rule of the commission or the director applicable
to the requirement for, issuance of, or use of the permit.
(2)(a) Permits covered under subsection (1) of this section
include, but are not limited to, master hunter permits, crab pot
removal permits and shellfish pot removal permits under RCW 77.70.500,
depredation permits, landowner hunting permits, commercial carp license
permits, permits to possess or dispense beer or malt liquor pursuant to
RCW 66.28.210, and permits to hold, sponsor, or attend an event
requiring a banquet permit from the liquor control board.
(b) Permits excluded from subsection (1) of this section include
((fish and wildlife lands vehicle use permits)) the discover pass
created in section 3 of this act, the day use permit created in section
4 of this act, commercial use or activity permits, noncommercial use or
activity permits, parking permits, experimental fishery permits, trial
commercial fishery permits, and scientific collection permits.
(3) Unlawful use of a department permit is a misdemeanor.
(4) A person is guilty of unlawful use of an experimental fishery
permit or a trial commercial fishery permit if the person:
(a) Violates any terms or conditions of the permit issued by the
department or the director; or
(b) Violates any rule of the commission or the director applicable
to the issuance or use of the permit.
(5) Unlawful use of an experimental fishery permit or a trial
commercial fishery permit is a gross misdemeanor.
(6) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Experimental fishery permit" means a permit issued by the
director for either:
(i) An "emerging commercial fishery," defined as a fishery for a
newly classified species for which the department has determined that
there is a need to limit participation; or
(ii) An "expanding commercial fishery," defined as a fishery for a
previously classified species in a new area, by a new method, or at a
new effort level, for which the department has determined that there is
a need to limit participation.
(b) "Trial commercial fishery permit" means a permit issued by the
department for trial harvest of a newly classified species or harvest
of a previously classified species in a new area or by a new means.
Sec. 21 RCW 43.30.385 and 2009 c 354 s 9 are each amended to read
as follows:
(1)(a) The park land trust revolving fund is to be utilized by the
department for the purpose of acquiring real property, including all
reasonable costs associated with these acquisitions, as a replacement
for the property transferred to the state parks and recreation
commission, as directed by the legislature in order to maintain the
land base of the affected trusts or under RCW 79.22.060 and to receive
voluntary contributions for the purpose of operating and maintaining
public use and recreation facilities, including trails, managed by the
department. Proceeds from transfers of real property to the state
parks and recreation commission or other proceeds identified from
transfers of real property as directed by the legislature shall be
deposited in this fund. Disbursement from the park land trust
revolving fund to acquire replacement property and for operating and
maintaining public use and recreation facilities shall be on the
authorization of the department.
(b) The proceeds from real property transferred or disposed under
RCW 79.22.060 must be solely used to purchase replacement forest land,
that must be actively managed as a working forest, within the same
county as the property transferred or disposed.
(c) The proceeds from the recreation access pass account created in
section 7 of this act may only be used for the purposes provided in
section 7 of this act.
(d) In order to maintain an effective expenditure and revenue
control, the park land trust revolving fund is subject in all respects
to chapter 43.88 RCW, but no appropriation is required to permit
expenditures and payment of obligations from the fund.
(2) The department is authorized to solicit and receive voluntary
contributions for the purpose of operating and maintaining public use
and recreation facilities, including trails, managed by the department.
The department may seek voluntary contributions from individuals and
organizations for this purpose. Voluntary contributions will be
deposited into the park land trust revolving fund and used solely for
the purpose of public use and recreation facilities operations and
maintenance. Voluntary contributions are not considered a fee for use
of these facilities.
Sec. 22 RCW 79A.05.215 and 2010 c 161 s 1164 are each amended to
read as follows:
(1) 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 46.16A.090(3), and other state park-based activities shall be
deposited into the account.
(2)(a) Except for the proceeds from the recreation access pass
account created in section 7 of this act, 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.
(b) The proceeds from the recreation access pass account created in
section 7 of this act must be used for the purposes identified in
section 7 of this act.
(c) Expenditures from the account may be made only after
appropriation by the legislature.
Sec. 23 RCW 77.12.170 and 2009 c 333 s 13 are each amended to
read as follows:
(1) There is established in the state treasury the state wildlife
account which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department
purposes, unless the property is seized or recovered through a fish,
shellfish, or wildlife enforcement action;
(c) The assessment of administrative penalties, and the sale of
licenses, permits, tags, and stamps required by chapter 77.32 RCW and
RCW 77.65.490, except annual resident adult saltwater and all annual
razor clam and shellfish licenses, which shall be deposited into the
state general fund;
(d) Fees for informational materials published by the department;
(e) Fees for personalized vehicle, Wild on Washington, and
Endangered Wildlife license plates and Washington's Wildlife license
plate collection as provided in chapter ((46.16)) 46.17 RCW;
(f) Articles or wildlife sold by the director under this title;
(g) Compensation for damage to department property or wildlife
losses or contributions, gifts, or grants received under RCW 77.12.320.
However, this excludes fish and shellfish overages, and court-ordered
restitution or donations associated with any fish, shellfish, or
wildlife enforcement action, as such moneys must be deposited pursuant
to RCW 77.15.425;
(h) Excise tax on anadromous game fish collected under chapter
82.27 RCW;
(i) The department's share of revenues from auctions and raffles
authorized by the commission; and
(j) The sale of watchable wildlife decals under RCW 77.32.560.
(2) Moneys received from the recreation access pass account created
in section 7 of this act may only be used for the purposes identified
in section 7 of this act.
(3) State and county officers receiving any moneys listed in
subsection (1) of this section shall deposit them in the state treasury
to be credited to the state wildlife account.
Sec. 24 RCW 79A.05.070 and 2006 c 141 s 1 are each amended to
read as follows:
The commission may:
(1) Make rules and regulations for the proper administration of its
duties;
(2) Accept any grants of funds made with or without a matching
requirement by the United States, or any agency thereof, for purposes
in keeping with the purposes of this chapter; accept gifts, bequests,
devises and endowments for purposes in keeping with such purposes;
enter into cooperative agreements with and provide for private
nonprofit groups to use state park property and facilities to raise
money to contribute gifts, grants, and support to the commission for
the purposes of this chapter. The commission may assist the nonprofit
group in a cooperative effort by providing necessary agency personnel
and services, if available. However, none of the moneys raised may
inure to the benefit of the nonprofit group, except in furtherance of
its purposes to benefit the commission as provided in this chapter.
The agency and the private nonprofit group shall agree on the nature of
any project to be supported by such gift or grant prior to the use of
any agency property or facilities for raising money. Any such gifts
may be in the form of recreational facilities developed or built in
part or in whole for public use on agency property, provided that the
facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks and
recreation workers employed in state aided or state controlled
programs;
(4) Act jointly, when advisable, with the United States, any other
state agencies, institutions, departments, boards, or commissions in
order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate purpose on
parks or parkways, for such terms and subject to such conditions and
considerations as the commission shall specify;
(6) Charge ((such)) fees for services, utilities, and use of
facilities, except for facilities allowed to be accessed and used by
the holder of a discover pass or day use permit under chapter 79A.---RCW (the new chapter created in section 33 of this act), as the
commission shall deem proper. ((The commission may not charge fees for
general park access or parking)) If deemed appropriate by the
commission, the commission may utilize unstaffed collection stations to
collect any fees or distribute any permits necessary for access to
state parks;
(7) Enter into agreements whereby individuals or companies may rent
undeveloped parks or parkway land for grazing, agricultural, or mineral
development purposes upon such terms and conditions as the commission
shall deem proper, for a term not to exceed forty years;
(8) Determine the qualifications of and employ a director of parks
and recreation who shall receive a salary as fixed by the governor in
accordance with the provisions of RCW 43.03.040 and determine the
qualifications and salary of and employ such other persons as may be
needed to carry out the provisions hereof; and
(9) ((Without being limited to the powers hereinbefore enumerated,
the commission shall have)) Utilize such other powers as in the
judgment of a majority of its members are deemed necessary to
effectuate the purposes of this chapter((: PROVIDED, That)). However,
the commission ((shall)) does not have power to supervise directly any
local park or recreation district, and no funds shall be made available
for such purpose.
Sec. 25 RCW 66.16.010 and 2005 c 518 s 935 are each amended to
read as follows:
(1) There shall be established at such places throughout the state
as the liquor control board, constituted under this title, shall deem
advisable, stores to be known as "state liquor stores," for the sale of
liquor in accordance with the provisions of this title and the
regulations: PROVIDED, That the prices of all liquor shall be fixed by
the board from time to time so that the net annual revenue received by
the board therefrom shall not exceed thirty-five percent. Effective no
later than July 1, 2005, the liquor control board shall add an
equivalent surcharge of $0.42 per liter on all retail sales of spirits,
excluding licensee, military, and tribal sales. The intent of this
surcharge is to raise revenue for the general fund-state for the 2003-2005 and 2005-2007 bienniums. The board shall remove the surcharge
June 30, 2007.
(2) The liquor control board may, from time to time, fix the
special price at which pure ethyl alcohol may be sold to physicians and
dentists and institutions regularly conducted as hospitals, for use or
consumption only in such hospitals; and may also fix the special price
at which pure ethyl alcohol may be sold to schools, colleges and
universities within the state for use for scientific purposes.
Regularly conducted hospitals may have right to purchase pure ethyl
alcohol on a federal permit.
(3) The liquor control board may also fix the special price at
which pure ethyl alcohol may be sold to any department, branch or
institution of the state of Washington, federal government, or to any
person engaged in a manufacturing or industrial business or in
scientific pursuits requiring alcohol for use therein.
(4) The liquor control board may also fix a special price at which
pure ethyl alcohol may be sold to any private individual, and shall
make regulations governing such sale of alcohol to private individuals
as shall promote, as nearly as may be, the minimum purchase of such
alcohol by such persons.
(5) The liquor control board shall provide for the sale of discover
passes and day use permits, as those terms are defined in section 2 of
this act, at state liquor stores at the prices established in sections
3 and 4 of this act. Discover passes and day use permits may also be
made available for purchase at contract liquor stores. Any amounts
collected by the liquor control board through the sales of discover
passes and day use permits must be deposited in the recreation access
pass account created in section 7 of this act.
Sec. 26 RCW 79A.05.225 and 1999 c 249 s 1401 are each amended to
read as follows:
(1) In addition to its other powers, duties, and functions the
commission may:
(((1))) (a) Plan, construct, and maintain suitable facilities for
winter recreational activities on lands administered or acquired by the
commission or as authorized on lands administered by other public
agencies or private landowners by agreement;
(((2))) (b) Provide and issue upon payment of the proper fee, under
RCW 79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such
authorized agents as may be necessary for the convenience of the
public, special permits to park in designated winter recreational area
parking spaces;
(((3))) (c) Administer the snow removal operations for all
designated winter recreational area parking spaces; and
(((4))) (d) Compile, publish, and distribute maps indicating such
parking spaces, adjacent trails, and areas and facilities suitable for
winter recreational activities.
(2) The commission may contract with any public or private agency
for the actual conduct of ((such)) the duties outlined in this section,
but shall remain responsible for the proper administration ((thereof))
of those duties.
(3) The commission must require the winter recreation program and
its services to be self-supported solely through permit fees, gifts,
grants, donations, and other revenues dedicated to the winter
recreational program account in RCW 79A.05.235 and the snowmobile
account in RCW 46.68.350.
(4)(a) The commission is not liable for unintentional injuries to
users of lands administered for winter recreation purposes under this
section or under RCW ((46.10.210)) 46.10.370, whether the lands are
administered by the commission, by other public agencies, or by private
landowners through agreement with the commission. Nothing in this
section prevents the liability of the commission for injuries sustained
by a user by reason of a known dangerous artificial latent condition
for which warning signs have not been conspicuously posted.
(b) A road covered with snow and groomed for the purposes of winter
recreation consistent with this chapter and chapter 46.10 RCW shall not
be presumed to be a known dangerous artificial latent condition for the
purposes of this chapter.
Sec. 27 RCW 36.38.010 and 1999 c 165 s 20 are each amended to
read as follows:
(1) Any county may by ordinance enacted by its county legislative
authority, levy and fix a tax of not more than one cent on twenty cents
or fraction thereof to be paid for county purposes by persons who pay
an admission charge to any place, including a tax on persons who are
admitted free of charge or at reduced rates to any place for which
other persons pay a charge or a regular higher charge for the same or
similar privileges or accommodations; and require that one who receives
any admission charge to any place shall collect and remit the tax to
the county treasurer of the county((: PROVIDED,)). However, no county
shall impose such tax on persons paying an admission to any activity of
any elementary or secondary school, recreational lands as that term is
defined in section 2 of this act, or any public facility of a public
facility district under chapter 35.57 or 36.100 RCW for which a tax is
imposed under RCW 35.57.100 or 36.100.210.
(2) As used in this chapter, the term "admission charge" includes
a charge made for season tickets or subscriptions, a cover charge, or
a charge made for use of seats and tables, reserved or otherwise, and
other similar accommodations; a charge made for food and refreshments
in any place where any free entertainment, recreation, or amusement is
provided; a charge made for rental or use of equipment or facilities
for purpose of recreation or amusement, and where the rental of the
equipment or facilities is necessary to the enjoyment of a privilege
for which a general admission is charged, the combined charges shall be
considered as the admission charge. It shall also include any
automobile parking charge where the amount of such charge is determined
according to the number of passengers in any automobile.
(3) Subject to subsections (4) and (5) of this section, the tax
herein authorized shall not be exclusive and shall not prevent any city
or town within the taxing county, when authorized by law, from imposing
within its corporate limits a tax of the same or similar kind:
PROVIDED, That whenever the same or similar kind of tax is imposed by
any such city or town, no such tax shall be levied within the corporate
limits of such city or town by the county.
(4) Notwithstanding subsection (3) of this section, the legislative
authority of a county with a population of one million or more may
exclusively levy taxes on events in baseball stadiums constructed on or
after January 1, 1995, that are owned by a public facilities district
under chapter 36.100 RCW and that have seating capacities over forty
thousand at the rates of:
(a) Not more than one cent on twenty cents or fraction thereof, to
be used for the purpose of paying the principal and interest payments
on bonds issued by a county to construct a baseball stadium as defined
in RCW 82.14.0485. If the revenue from the tax exceeds the amount
needed for that purpose, the excess shall be placed in a contingency
fund which may only be used to pay unanticipated capital costs on the
baseball stadium, excluding any cost overruns on initial construction;
and
(b) Not more than one cent on twenty cents or fraction thereof, to
be used for the purpose of paying the principal and interest payments
on bonds issued by a county to construct a baseball stadium as defined
in RCW 82.14.0485. The tax imposed under this subsection (4)(b) shall
expire when the bonds issued for the construction of the baseball
stadium are retired, but not later than twenty years after the tax is
first collected.
(5) Notwithstanding subsection (3) of this section, the legislative
authority of a county that has created a public stadium authority to
develop a stadium and exhibition center under RCW 36.102.050 may levy
and fix a tax on charges for admission to events in a stadium and
exhibition center, as defined in RCW 36.102.010, constructed in the
county on or after January 1, 1998, that is owned by a public stadium
authority under chapter 36.102 RCW. The tax shall be exclusive and
shall preclude the city or town within which the stadium and exhibition
center is located from imposing a tax of the same or similar kind on
charges for admission to events in the stadium and exhibition center,
and shall preclude the imposition of a general county admissions tax on
charges for admission to events in the stadium and exhibition center.
For the purposes of this subsection, "charges for admission to events"
means only the actual admission charge, exclusive of taxes and service
charges and the value of any other benefit conferred by the admission.
The tax authorized under this subsection shall be at the rate of not
more than one cent on ten cents or fraction thereof. Revenues
collected under this subsection shall be deposited in the stadium and
exhibition center account under RCW 43.99N.060 until the bonds issued
under RCW 43.99N.020 for the construction of the stadium and exhibition
center are retired. After the bonds issued for the construction of the
stadium and exhibition center are retired, the tax authorized under
this section shall be used exclusively to fund repair, reequipping, and
capital improvement of the stadium and exhibition center. The tax
under this subsection may be levied upon the first use of any part of
the stadium and exhibition center but shall not be collected at any
facility already in operation as of July 17, 1997.
Sec. 28 RCW 35.21.280 and 2002 c 363 s 5 are each amended to read
as follows:
(1) Every city and town may levy and fix a tax of not more than one
cent on twenty cents or fraction thereof to be paid by the person who
pays an admission charge to any place((: PROVIDED,)). However, no
city or town shall impose such tax on persons paying an admission to
any activity of any elementary or secondary school, recreational lands
as that term is defined in section 2 of this act, or any public
facility of a public facility district under chapter 35.57 or 36.100
RCW for which a tax is imposed under RCW 35.57.100 or 36.100.210,
except the city or town may impose a tax on persons paying an admission
to any activity of such public facility if the city or town uses the
admission tax revenue it collects on the admission charges to that
public facility for the construction, operation, maintenance, repair,
replacement, or enhancement of that public facility or to develop,
support, operate, or enhance programs in that public facility.
(2) Tax authorization under this section includes a tax on persons
who are admitted free of charge or at reduced rates to any place for
which other persons pay a charge or a regular higher charge for the
same privileges or accommodations. A city that is located in a county
with a population of one million or more may not levy a tax on events
in stadia constructed on or after January 1, 1995, that are owned by a
public facilities district under chapter 36.100 RCW and that have
seating capacities over forty thousand. The city or town may require
anyone who receives payment for an admission charge to collect and
remit the tax to the city or town.
(3) The term "admission charge" includes:
(a) A charge made for season tickets or subscriptions;
(b) A cover charge, or a charge made for use of seats and tables
reserved or otherwise, and other similar accommodations;
(c) A charge made for food and refreshment in any place where free
entertainment, recreation or amusement is provided;
(d) A charge made for rental or use of equipment or facilities for
purposes of recreation or amusement; if the rental of the equipment or
facilities is necessary to the enjoyment of a privilege for which a
general admission is charged, the combined charges shall be considered
as the admission charge;
(e) Automobile parking charges if the amount of the charge is
determined according to the number of passengers in the automobile.
Sec. 29 RCW 77.32.070 and 2008 c 244 s 1 are each amended to read
as follows:
(1) Applicants for a license, permit, tag, or stamp shall furnish
the information required by the director. However, the director may
not require the purchaser of a razor clam license under RCW 77.32.520,
a discover pass under section 3 of this act, or a day use permit under
section 4 of this act to provide any personal information except for,
when appropriate, proof of residency. The commission may adopt rules
requiring licensees or permittees to keep records and make reports
concerning the taking of or effort to harvest fish, shellfish, and
wildlife. The reporting requirement may be waived where, for any
reason, the department is not able to receive the report. The
department must provide reasonable options for a licensee to submit
information to a live operator prior to the reporting deadline.
(2) The commission may, by rule, set an administrative penalty for
failure to comply with rules requiring the reporting of taking or
effort to harvest wildlife. The commission may also adopt rules
requiring hunters who have not reported for the previous license year
to complete a report and pay the assessed administrative penalty before
a new hunting license is issued.
(a) The total administrative penalty per hunter set by the
commission must not exceed ten dollars.
(b) By December 31st of each year, the department shall report the
rate of hunter compliance with the harvest reporting requirement, the
administrative penalty imposed for failing to report, and the amount of
administrative penalties collected during that year to the appropriate
fiscal and policy committees of the senate and house of
representatives.
(3) The commission may, by rule, set an administrative penalty for
failure to comply with rules requiring the reporting of data from catch
record cards officially endorsed for Puget Sound Dungeness crab. The
commission may also adopt rules requiring fishers who possessed a catch
record card officially endorsed for Puget Sound Dungeness crab and who
have not reported for the previous license year to complete a report
and pay the assessed administrative penalty before a new catch record
card officially endorsed for Puget Sound Dungeness crab is issued.
(a) The total administrative penalty per fisher set by the
commission must not exceed ten dollars.
(b) By December 31st of each year, the department shall report the
rate of fisher compliance with the Puget Sound Dungeness crab catch
record card reporting requirement, the administrative penalty imposed
for failing to report, and the amount of administrative penalties
collected during that year to the appropriate fiscal and policy
committees of the senate and house of representatives.
Sec. 30 RCW 77.32.050 and 2009 c 333 s 71 are each amended to
read as follows:
(1) All recreational licenses, permits, tags, and stamps required
by this title and raffle tickets authorized under this chapter ((77.12
RCW)) shall be issued under the authority of the commission. The
commission shall adopt rules for the issuance of recreational licenses,
permits, tags, stamps, and raffle tickets, and for the collection,
payment, and handling of license fees, terms and conditions to govern
dealers, and dealers' fees. A transaction fee on recreational
documents issued through an automated licensing system may be set by
the commission and collected from licensees. The department may
authorize all or part of such fee to be paid directly to a contractor
providing automated licensing system services. Fees retained by
dealers shall be uniform throughout the state. The department shall
authorize dealers to collect and retain dealer fees of at least two
dollars for purchase of a standard hunting or fishing recreational
license document, except that the commission may set a lower dealer fee
for issuance of tags or when a licensee buys a license that involves a
stamp or display card format rather than a standard department
licensing document form or for purchases of a discover pass under
section 3 of this act or a day use permit under section 4 of this act.
(2) For the 2009-2011 biennium, the department shall charge an
additional transaction fee of ten percent on all recreational licenses,
permits, tags, stamps, or raffle tickets. These transaction fees must
be deposited into the state wildlife account, created in RCW 77.12.170,
for funding fishing and hunting opportunities for recreational license
holders.
Sec. 31 RCW 46.01.140 and 2010 1st sp.s. c 7 s 139, 2010 c 221 s
1, and 2010 c 161 s 204 are each reenacted and amended to read as
follows:
(1) County auditor/agent duties. A county auditor or other agent
appointed by the director shall:
(a) Enter into a standard contract provided by the director, as
developed in consultation with the advice of the title and registration
advisory committee;
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the director including,
but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until
directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required;
(c) If authorized by the director, offer for sale and distribute
discover passes and day use permits as provided in chapter 79A.--- RCW
(the new chapter created in section 33 of this act).
(2) County auditor/agent assistants and subagents. A county
auditor or other agent appointed by the director may, with approval of
the director:
(a) Appoint assistants as special deputies to accept applications
for vehicle certificates of title and to issue vehicle registrations;
and
(b) Recommend and request that the director appoint subagencies
within the county to accept applications for vehicle certificates of
title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent
appointed by the director who requests a subagency shall, with approval
of the director:
(a) Use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine the
qualifications of all interested applicants; and
(b) Submit all proposals to the director with a recommendation for
appointment of one or more subagents who have applied through the open
competitive process. If a qualified successor who is an existing
subagent's sibling, spouse, or child, or a subagency employee has
applied, the county auditor shall provide the name of the qualified
successor and the name of one other applicant who is qualified and was
chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director shall:
(a) Enter into a standard contract with the county auditor or agent
provided by the director, as developed in consultation with the title
and registration advisory committee; ((and))
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the county auditor or
agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to
internet payment option customers until directed otherwise by
legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required; and
(c) If authorized by the director, offer for sale and distribute
discover passes and day use permits as provided in chapter 79A.--- RCW
(the new chapter created in section 33 of this act).
(5) Subagent successorship. A subagent appointed by the director
who no longer wants his or her appointment may recommend a successor
who is the subagent's sibling, spouse, or child, or a subagency
employee. The recommended successor must participate in the open
competitive process used to select an applicant. In making successor
recommendations and appointment determinations, the following
provisions apply:
(a) If a subagency is held by a partnership or corporate entity,
the nomination must be submitted on behalf of, and agreed to by, all
partners or corporate officers;
(b) A subagent may not receive any direct or indirect compensation
or remuneration from any party or entity in recognition of a successor
nomination. A subagent may not receive any financial benefit from the
transfer or termination of an appointment; and
(c) The appointment of a successor is intended to assist in the
efficient transfer of appointments to minimize public inconvenience.
The appointment of a successor does not create a proprietary or
property interest in the appointment.
(6) Standard contracts. The standard contracts provided by the
director in this section may include provisions that the director deems
necessary to ensure that readily accessible and acceptable service is
provided to the citizens of the state, including the full collection of
fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related
to service expectations and levels;
(b) Describe the equipment to be supplied by the department and
equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to
protect the state against any loss of collected revenue or loss of
equipment;
(d) Specify the amount of training that will be provided by each of
the parties;
(e) Describe allowable costs that may be charged for vehicle
registration activities as described in subsection (7) of this section;
and
(f) Describe causes and procedures for termination of the contract,
which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or
other agent appointed by the director who does not cover expenses for
services provided by the standard contract may submit to the department
a request for cost-coverage moneys. The request must be submitted on
a form developed by the department. The department shall develop
procedures to standardize and identify allowable costs and to verify
whether a request is reasonable. Payment must be made on those
requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues
that exceed the cost of providing services described in the standard
contract, calculated in accordance with the procedures in subsection
(7) of this section, must be expended as determined by the county
legislative authority during the process established by law for
adoption of county budgets.
(9) Appointment authority. The director has final appointment
authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this
section.
NEW SECTION. Sec. 32 A new section is added to chapter 46.01 RCW
to read as follows:
The department of licensing may, in coordination with the state
parks and recreation commission, offer for sale and distribute discover
passes and day use permits, as provided in chapter 79A.--- RCW (the new
chapter created in section 33 of this act), at department driver
licenses offices. Any amounts collected by the department through the
sales of discover passes and day use permits must be deposited in the
recreation access pass account created in section 7 of this act.
NEW SECTION. Sec. 33 Sections 1 through 10 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 34 RCW 77.32.380 (Fish and wildlife lands
vehicle use permit -- Improved access facility -- Fee -- Youth groups--Display -- Transfer between vehicles -- Penalty) and 2003 c 317 s 4, 2001
c 243 s 1, 2000 c 107 s 271, 1998 c 87 s 1, 1993 sp.s. c 2 s 77, 1991
sp.s. c 7 s 12, 1988 c 36 s 52, 1987 c 506 s 90, 1985 c 464 s 11, &
1981 c 310 s 15 are each repealed.
NEW SECTION. Sec. 35 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011."
Correct the title.
EFFECT: Creates an annual discover pass ($30) with day use option ($10) that allows access to all recreation lands managed by the state parks and recreation commission, the department of natural resources, and the department of fish and wildlife; prohibits the agencies from adding additional fees or charges for access to state land; offers a fifty percent discount for a discover pass purchased concurrently with certain hunting or fishing licenses; allows "pass free" access while camping or on certain days; shares revenue among three agencies and requires the money to be used for the operation, maintenance, stewardship, and administration of state recreational lands; allows extra revenue may be used to secure public access on or through private lands; provides intent for the discover pass to be modeled after the United States forest service's Northwest forest pass in design and implementation; offers passes for sale at: Private vendors, state parks, department of licensing, state liquor stores, and through the hunting and fishing licensing system; specifies that the department of fish and wildlife may not collect personal information from the purchasers of discover passes; clarifies that the discover pass is a nonrefundable purchase; consolidates the allowable uses of discover pass revenue into one section; designates the state parks and recreation commission as the lead agency to administer the discover pass and allows the agency to be reimbursed from the account created in the bill for those expenses; reduces the time allowed at "pass free" short-term parking from 30 to 15 minutes.