BILL REQ. #:  H-2646.3 

READ FIRST TIME 04/19/11.   

     AN ACT Relating to accessing Washington's heritage; amending RCW 4.24.210, 46.16A.090, 7.84.030, 79A.05.160, 43.12.065, 77.15.020, 77.32.560, 77.32.010, 77.15.750, 43.30.385, 79A.05.215, 77.12.170, 79A.05.070, 79.10.140, 66.16.010, 79A.05.230, 79A.05.225, 79A.05.235, 46.61.585, 46.61.587, 46.10.400, 36.38.010, and 35.21.280; adding a new section to chapter 77.32 RCW; adding a new section to chapter 7.84 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new chapter to Title 79A RCW; repealing RCW 77.32.380; prescribing penalties; providing effective dates; and declaring an emergency.

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

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 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) 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 vehicle access permit 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.

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 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:
     (a) Any designated recreation area or site managed by an agency for outdoor recreation or fish and wildlife conservation including water access areas, boat ramps and launches, wildlife areas, parking areas, roads, trailheads, winter recreational parking areas, water trails, and other trails under ownership, management, lease, or control of the agency; or
     (b) Areas identified in sections 19, 20, and 21 of this act, if applicable.
     (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 a renewable 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. To be valid, a discover pass holder must record the vehicle license plate number of the associated vehicle on the discover pass before driving onto or parking on recreational lands.
     (2) Except as provided in section 11 of this act and as otherwise provided in this section, the cost of a discover pass is thirty dollars per vehicle. The office of financial management must adjust the cost of a discover pass once every two years for inflation.
     (3) A discover pass is valid for one year from the date of issuance.
     (4) A discover pass must be made available for purchase:
     (a) Consistent with RCW 77.32.050, through the department of fish and wildlife's automated licensing system;
     (b) If approved by the state parks and recreation commission, from that agency through its parks reservation system, directly from agency employees or volunteers at manned 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 46.16A.090, 46.10.400, and section 10 of this act; and
     (e) From other outlets authorized by law to sell state licenses, permits, or passes.
     (5) The discover pass must contain space for two license plate numbers. Only a vehicle with the license plate number written on the discover pass may lawfully use the discover pass.
     (6) 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.
     (7) 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 access to recreational lands.

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) Except as otherwise provided in this section, the day use permit is ten dollars per day for Washington residents and fifteen dollars for nonresidents. Residency must be determined consistent with the provisions of establishing residency under Title 77 RCW for hunting and fishing licenses issued by the department of fish and wildlife.
     (3) Day use passes must be available for purchase:
     (a) Consistent with RCW 77.32.050, through the department of fish and wildlife's automated licensing system;
     (b) If approved by the state parks and recreation commission, from that agency through its parks reservation system, directly from agency employees or volunteers at manned 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; and
     (d) From other outlets authorized by law to sell state licenses, permits, or passes.
     (4) The office of financial management must adjust the cost of the day use permit once every two years for inflation.
     (5) The day use permit must contain space for one license plate number of the vehicle assigned to the day use permit. Only the vehicle with the license plate number written on the day use permit may lawfully use the day use permit.
     (6) Except as otherwise specifically provided in statute, other than providing the option for a discover pass under section 3 of this act, the agencies may not require any additional payment for access to recreational lands.

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, 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) The state parks and recreation commission may provide up to 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. If this authority is utilized, 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) 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.

NEW SECTION.  Sec. 8   The agencies, either collectively or through one agency mutually agreed upon by all of the agencies, may adopt any rules deemed necessary to administer this chapter.

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   If a discover pass is obtained from the department of licensing under RCW 46.16A.090 or 46.10.400, the department of licensing, county auditor, or other agent or subagent appointed by the director is not responsible for delivering the discover pass to the vehicle or snowmobile owner. The discover pass must instead be delivered by one of the agencies.

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 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) Unless an injured party sustained his or her injuries while undertaking activities that are in violation of any law or regulation, 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.

Sec. 13   RCW 46.16A.090 and 2010 c 161 s 420 are each amended to read as follows:
     (1) The department, county auditor or other agent, or subagent appointed by the director shall provide an opportunity for a vehicle owner to make a voluntary donation as provided in this section when applying for an initial or renewal vehicle registration.
     (2)(a) A vehicle owner who registers a vehicle under this chapter may donate one dollar or more to the organ and tissue donation awareness account to promote the donation of organs and tissues under the uniform anatomical gift act as described in chapter 68.64 RCW. The donation of one or more dollars is voluntary and may be refused by the vehicle owner.
     (b) The department, county auditor or other agent, or subagent appointed by the director shall:
     (i) Ask a vehicle owner applying for a vehicle registration if the owner would like to donate one dollar or more;
     (ii) Inform a vehicle owner of the option for organ and tissue donations as required under RCW 46.20.113; and
     (iii) Make information booklets or other informational material available regarding the importance of organ and tissue donations to vehicle owners.
     (c) All reasonable costs associated with the creation of the donation program created under this section must be paid proportionally or by another agreement by a participating Washington state organ procurement organization established for organ and tissue donation awareness purposes by the Washington state organ procurement organizations. For the purposes of this section, "reasonable costs" and "Washington state organ procurement organization" have the same meaning as in RCW 68.64.010.
     (3)(a) The department shall collect from a vehicle owner who pays a vehicle license fee under RCW 46.17.350(1) (a), (d), (e), (g), (h), (j), (n), (o), or (q) or who registers a vehicle under RCW 46.16A.455 with a declared gross weight of ten thousand pounds or less a voluntary donation of five dollars. The donation may not be collected from any vehicle owner actively opting not to participate in the donation program. The department shall ensure that the opt-out donation under this section is clear, visible, and prominently displayed in both paper and online vehicle registration renewals. Notification of intent to not participate in the donation program must be provided annually at the time of vehicle registration renewal. The donation must be deposited in the state parks renewal and stewardship account established in RCW 79A.05.215 to be used for ((the operation and maintenance of)) capital improvements at state parks.
     (b) A vehicle owner who registers a vehicle under this chapter must be given the option to purchase a discover pass, as that term is defined in section 2 of this act, at the time of vehicle registration renewal. The department must charge the amount established in section 3 of this act for a discover pass offered during registration renewal. The purchase of a discover pass is voluntary by the vehicle owner and, if purchased, must be delivered as provided in section 10 of this act. Any amounts collected by the department for the sales of discover passes must be deposited in the recreation access pass account created in section 7 of this act.

NEW SECTION.  Sec. 14   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. 15   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 14 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 14 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. 16   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 14 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. 17   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 14 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 40 of this act).

Sec. 18   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 14 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.

NEW SECTION.  Sec. 19   A new section is added to chapter 35.21 RCW to read as follows:
     (1) Cities and towns may enact an ordinance or resolution requiring vehicles parked on property within the jurisdiction of the city, and within one-half mile of recreational lands, to have a discover pass or day use permit visibly displayed in the front windshield. Cities may provide in the ordinance or resolution that the failure to display a discover pass or day use permit is a parking infraction.
     (2) Any penalties assessed by a city or town for a parking infraction under this section may not exceed the penalties established in section 5 of this act.
     (3) Unless the context clearly requires otherwise, the terms used in this section have the meaning provided in section 2 of this act.

NEW SECTION.  Sec. 20   A new section is added to chapter 35A.21 RCW to read as follows:
     (1) Code cities may enact an ordinance or resolution requiring vehicles parked on property within the jurisdiction of the code city, and within one-half mile of recreational lands, to have a discover pass or day use permit visibly displayed in the front windshield. Code cities may provide in the ordinance or resolution that the failure to display a discover pass or day use permit is a parking infraction.
     (2) Any penalties assessed by a code city for a parking infraction under this section may not exceed the penalties established in section 5 of this act.
     (3) Unless the context clearly requires otherwise, the terms used in this section have the meaning provided in section 2 of this act.

NEW SECTION.  Sec. 21   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Counties may enact an ordinance or resolution requiring vehicles parked on property within the jurisdiction of the county, and within one-half mile of recreational lands, to have a discover pass or day use permit visibly displayed in the front windshield. Counties may provide in the ordinance or resolution that the failure to display a discover pass or day use permit is a parking infraction.
     (2) Any penalties assessed by a county for a parking infraction under this section may not exceed the penalties established in section 5 of this act.
     (3) Unless the context clearly requires otherwise, the terms used in this section have the meaning provided in section 2 of this act.

Sec. 22   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. 23   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, as that term 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. 24   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. 25   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 following purposes:
     (i) Constructing, operating, and maintaining public use and recreation facilities, including trails, managed by the department;
     (ii) Securing public access routes to department lands that do not have available direct public access through purchased easements or rights-of-way on adjacent private lands;
     (iii) Compensation to satisfy the financial obligations in the management of trust lands as may be required in RCW 79.10.120; and
     (iv) Other uses as necessary to administer public access on department lands.
     (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. 26   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 purpose of operating and maintaining state parks. Of these proceeds, an amount to be determined by the commission must be transferred to the winter recreational program account created in RCW 79A.05.235. The transferred amount must approximate historic funding levels in the winter recreational program account.
     (c) Expenditures from the account may be made only after appropriation by the legislature.

Sec. 27   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:
     (a) The enforcement of this title;
     (b) Stewardship, operations, and maintenance of department lands used for public recreation purposes;
     (c) Securing public access to fishing and hunting areas located on, or requiring access through, private land; and
     (d) Other uses as necessary to administer public access on department lands.
     (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. 28   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 40 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. 29   RCW 79.10.140 and 2007 c 241 s 23 are each amended to read as follows:
     The department is authorized:
     (1) To construct, operate, and maintain ((primitive)) outdoor recreation and conservation facilities on lands under its jurisdiction ((which are of primitive character)) when deemed necessary by the department to achieve maximum effective development of such lands and resources consistent with the purposes for which the lands are held. This authority shall be exercised only after review by the recreation and conservation funding board and determination by the recreation and conservation funding board that the department is the most appropriate agency to undertake such construction, operation, and maintenance. Such review is not required for campgrounds designated and prepared or approved by the department;
     (2) To acquire right-of-way and develop public access to lands under the jurisdiction of the department and suitable for public outdoor recreation and conservation purposes;
     (3) To receive and expend funds from federal and state outdoor recreation funding measures for the purposes of this section and RCW 79A.50.110; and
     (4) To issue licenses for and assess operation use charges for organized events held on lands owned or managed by the department.

Sec. 30   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 and contract liquor stores at the prices established in sections 3 and 4 of this act. 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. 31   RCW 79A.05.230 and 1990 c 49 s 3 are each amended to read as follows:
     ((The fee for the issuance)) All users of ((special)) designated winter recreational area parking ((permits shall be determined by the commission after consultation with the winter recreation advisory committee. If the person making application therefor is also the owner of a snowmobile registered pursuant to chapter 46.10 RCW, there shall be no fee for the issuance of an annual permit. All special winter recreational area parking permits shall commence and expire on the dates established by the commission)) spaces must display a discover pass or day use permit issued under section 3 or 4 of this act.

Sec. 32   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)) sections 3 and 4 of this act, discover passes and day use permits which, in accordance with RCW 79A.05.230, allows the holder 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)(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. 33   RCW 79A.05.235 and 1991 sp.s. c 13 s 6 are each amended to read as follows:
     (1) There is hereby created the winter recreational program account in the state treasury. ((Special winter recreational area parking permit fees collected under this chapter shall be remitted to the state treasurer to)) All funds provided in RCW 79A.05.215 as appropriate for transfer may be deposited in the winter recreational program account and ((shall)) be appropriated only to the commission for nonsnowmobile winter recreation purposes ((including)). These purposes include the administration, acquisition, development, operation, planning, and maintenance of winter recreation facilities and the development and implementation of winter recreation, safety, enforcement, and education programs. The commission may also accept gifts, grants, donations, or moneys from any source for deposit in the winter recreational program account.
     (2) Any public agency in this state may develop and implement winter recreation programs. The commission may make grants to public agencies and contract with any public or private agency or person to develop and implement winter recreation programs.

Sec. 34   RCW 46.61.585 and 1990 c 49 s 4 are each amended to read as follows:
     Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle in an area designated by an official sign that it is a winter recreational parking area unless ((such)) the vehicle displays((, in accordance with regulations adopted by the parks and recreation commission, a special winter recreational area parking permit or permits)) a discover pass or day use permit issued under section 3 or 4 of this act.

Sec. 35   RCW 46.61.587 and 1999 c 249 s 501 are each amended to read as follows:
     Any violation of RCW 79A.05.240 or 46.61.585, or any rule adopted by the parks and recreation commission to enforce the provisions ((thereof)) of RCW 79A.05.240 or 46.61.585, is a ((civil)) natural resource infraction as provided in ((chapter 7.84 RCW)) section 5 of this act.

Sec. 36   RCW 46.10.400 and 2010 c 161 s 228 are each amended to read as follows:
     (1) The application for an original snowmobile registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees and taxes due at the time of application.
     (2) The application for renewal of a snowmobile registration has the same requirements as described for the renewal of vehicle registrations in RCW 46.16A.110 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees or taxes due at the time of application.
     (3) The snowmobile registration is valid for one year and must be renewed each year thereafter as determined by the department.
     (4) A person who acquires a snowmobile that has a valid snowmobile registration must:
     (a) Apply to the department, county auditor or other agent, or subagent appointed by the director for a transfer of the snowmobile registration within ten days of taking possession of the snowmobile; and
     (b) Pay the snowmobile registration transfer fee required under RCW 46.17.420, in addition to any other fees or taxes due at the time of application.
     (5) The department shall issue a snowmobile registration and snowmobile decals upon receipt of:
     (a) A properly completed application for an original snowmobile registration; and
     (b) The payment of all fees and taxes due at the time of application.
     (6) The snowmobile registration must be carried on the vehicle for which it was issued at all times during its operation in this state.
     (7) Snowmobile decals must be affixed to the snowmobile as provided in RCW 46.10.440.
     (8) Snowmobile registration fees provided in this section and in RCW 46.17.350 are in lieu of any personal property or excise tax imposed on snowmobiles by this state or any political subdivision. A state agency, city, county, or other municipality may not impose other registration fees on a snowmobile in this state.
     (9) The department must, consistent with section 10 of this act, provide each snowmobile registrant, other than the registrant of a vintage snowmobile, one discover pass as provided in section 3 of this act.

Sec. 37   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. 38   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.

NEW SECTION.  Sec. 39   Section 13 of this act takes effect October 1, 2011.

NEW SECTION.  Sec. 40   Sections 1 through 10 of this act constitute a new chapter in Title 79A RCW.

NEW SECTION.  Sec. 41   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. 42   Except for section 13 of this act, 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.