Passed by the Senate April 20, 2011 YEAS 33   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 21, 2011 YEAS 55   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5622 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 12, 2011, 1:38 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 13, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 04/15/11.
AN ACT Relating to recreation access on state lands; 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, and 79A.05.225; adding a new section to chapter 7.84 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 motor vehicle access 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.
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) "Annual natural investment permit" means the annual permit
issued by the parks and recreation commission for the purpose of
launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee
on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in section 4 of this
act.
(5) "Discover pass" means the annual pass created in section 3 of
this act.
(6) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 and which are required to be registered under chapter 46.16A
RCW. "Motor vehicle" does not include those motor vehicles exempt from
registration under RCW 46.16A.080 and state and publicly owned motor
vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park or fish and
wildlife conservation sites including water access areas, boat ramps,
wildlife areas, parking areas, roads, and trailheads, or department of
natural resources developed or designated recreation areas, sites,
trailheads, and parking areas.
(8) "Sno-park seasonal permit" means the seasonal permit issued by
the parks and recreation commission for providing access to winter
recreational facilities for the period of November 1st through March
31st.
(9) "Vehicle access pass" means the pass created in section 5 of
this act.
NEW SECTION. Sec. 3 (1) A discover pass is required for any
motor vehicle to park or operate on any recreation site or lands,
except for short-term parking as may be authorized under section 8 of
this act.
(2) The cost of the discover pass is thirty dollars per motor
vehicle. Every four years the office of financial management must
review the cost of the discover pass and, if necessary, recommend to
the legislature an adjustment to the cost of the discover pass to
account for inflation.
(3) The discover pass is valid for one year from the date of
issuance.
(4) The discover pass must be made available for purchase
throughout the year through the department of fish and wildlife's
automated licensing system consistent with RCW 77.32.050.
(5) The discover pass must be made available for purchase through
the department of licensing as provided in RCW 46.16A.090. The
department of licensing, county auditor, or other agent or subagent
appointed by the director, is not responsible for delivering a
purchased discover pass to a motor vehicle owner. The agencies must
deliver the purchased discover pass to a motor vehicle owner.
(6) The state parks and recreation commission may make the discover
pass available for purchase through its reservation system and other
outlets authorized by law to sell licenses, permits, or passes.
(7) The discover pass must contain space for the motor vehicle
license plate number.
(8) A complimentary discover pass must be provided to a volunteer
who performed twenty-four hours of service on agency-sanctioned
volunteer projects in a year. The agency must provide vouchers to
volunteers identifying the number of volunteer hours they have provided
for each project. The vouchers may be brought to an agency to be
redeemed for a discover pass.
NEW SECTION. Sec. 4 (1) A
person may purchase a day-use permit
to meet the requirements of section 9 of this act. The day-use permit
is ten dollars per day and must be available for purchase from each
agency. The day-use permit is valid for one calendar day.
(2) The agencies may provide short-term parking under section 8 of
this act where the day-use permit is not required.
(3) Every four years the office of financial management must review
the cost of the day-use permit and, if necessary, recommend to the
legislature an adjustment to the cost of the day-use permit to account
for inflation.
NEW SECTION. Sec. 5 (1) The vehicle access pass is created
solely for access to the department of fish and wildlife recreation
sites or lands. The vehicle access pass is only available to a person
who purchases a current valid: Big game hunting license issued under
RCW 77.32.450; small game hunting license issued under RCW 77.32.460;
western Washington pheasant permit issued under RCW 77.32.575; trapping
license issued under RCW 77.65.450; watchable wildlife decal issued
under RCW 77.32.560; or combination, saltwater, or freshwater personal
use fishing license issued under RCW 77.32.470.
(2) One vehicle access pass must be issued per purchase pursuant to
subsection (1) of this section.
(3) The vehicle access pass is valid for the license year of the
license it is purchased with.
NEW SECTION. Sec. 6 (1) The discover pass or the day-use permit
are not required for persons who have a valid camper registration, or
annual natural investment permit, issued by the state parks and
recreation commission.
(2) The state parks and recreation commission may provide up to
twelve days a year where entry to the state parks is free. At least
three of those days must be on weekends.
NEW SECTION. Sec. 7 The discover pass or the day-use permit are
not required, for persons who have a valid sno-park seasonal permit
issued by the state parks and recreation commission, at designated
sno-parks between November 1st through March 31st.
NEW SECTION. Sec. 8 Each agency, where applicable, must
designate short term parking not to exceed thirty minutes where the
discover pass or day-use permit are not required at recreation sites or
lands.
NEW SECTION. Sec. 9 (1) The discover pass, the vehicle access
pass, or the day-use permit must be visibly displayed in the front
windshield of any motor vehicle:
(a) Operating on a recreation site or lands; or
(b) Parking at a recreation site or lands.
(2) The discover pass, the vehicle access pass, or the 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) The discover pass, the vehicle access pass, or the 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.
(b) The discover pass or the day-use permit is not required on
department of fish and wildlife lands for persons possessing a current
vehicle access pass pursuant to section 5 of this act.
(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 motor 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 the discover
pass to the court within fifteen days after the issuance of the notice
of violation.
NEW SECTION. Sec. 10 (1) The recreation access pass account is
created in the state treasury. All moneys received from the sale of
discover passes and day-use permits 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.
Sec. 11 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 pass or permit issued under section 3, 4, or 5 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. 12 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) 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 state parks.
(4) Beginning with vehicle license fees that are due or will become
due on or after the effective date of this section, a vehicle owner who
registers a vehicle under this chapter may purchase a discover pass for
a fee of thirty dollars, as may be adjusted for inflation under section
3 of this act. Purchase of the discover pass is voluntary by the
vehicle owner. The discover pass fee must be deposited in the
recreation access pass account created in section 10 of this act. The
department, county auditor, or other agent or subagent appointed by the
director is not responsible for delivering a purchased discover pass to
a motor vehicle owner. The agencies, as defined in section 2 of this
act, must deliver the purchased discover pass to a motor vehicle owner.
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 by 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 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 civil infractions created under section 9 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 infractions created under this
title.
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 infractions created under this title.
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 pass or permit issued ((by the department is required to park
a motor vehicle upon improved department access facilities)) under
section 3, 4, or 5 of this act is required to park or operate a motor
vehicle on a recreation site or lands, as 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 vehicle access pass created in
section 5 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) 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. 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. The proceeds from the recreation access pass account created
in section 10 of this act must be solely used for the purpose of
operating and maintaining public use and recreation facilities,
including trails, managed by the department. 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:
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. The proceeds from the recreation access
pass account created in section 10 of this act must be used for the
purpose of operating and maintaining state parks. 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. 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; and
(k) Moneys received from the recreation access pass account created
in section 10 of this act must be dedicated to stewardship, operations,
and maintenance of department lands used for public recreation
purposes.
(2) 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
as the commission shall deem proper((. The commission may not charge
fees for general park access or parking));
(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 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 the commission shall 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 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 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 46.10.075.
(3) The commission may contract with any public or private agency
for the actual conduct of such duties, but shall remain responsible for
the proper administration thereof. 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. 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.
NEW SECTION. Sec. 26 Section 12 of this act takes effect October
1, 2011.
NEW SECTION. Sec. 27 Sections 1 through 10 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 28 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. 29 Except for section 12 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.