HOUSE BILL REPORT

HB 1704

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Community Development, Housing & Tribal Affairs

Title: An act relating to notice required by the parks and recreation commission.

Brief Description: Regarding notice required by the parks and recreation commission.

Sponsors: Representatives Angel, Pike and Johnson.

Brief History:

Committee Activity:

Community Development, Housing & Tribal Affairs: 2/19/13, 2/20/13 [DP].

Brief Summary of Bill

  • Requires the State Parks and Recreation Commission (State Parks) to provide written notice to certain local government entities before it disposes of land or initiates the closure of a state park.

  • Requires State Parks to respond to certain local government entities that have requested to negotiate with State Parks over the disposal of land or the closure of a state park.

HOUSE COMMITTEE ON COMMUNITY DEVELOPMENT, HOUSING & TRIBAL AFFAIRS

Majority Report: Do pass. Signed by 9 members: Representatives McCoy, Chair; Appleton, Vice Chair; Angel, Ranking Minority Member; Johnson, Assistant Ranking Minority Member; Haler, Pike, Ryu, Santos and Sawyer.

Staff: Sean Flynn (786-7124).

Background:

The State Parks and Recreation Commission (State Parks) owns and manages a diverse system of parks with many different types of facilities and historic buildings and a variety of recreation programs. State Parks operate 116 open and developed parks and owns other undeveloped state lands.

Park Management.

Park management responsibilities include improving park lands and buildings, and maintaining structures, roadways, and trails within state parks. State Parks employees have police powers to enforce general state laws as well as specific infractions relating to the damage of State Parks' property.

Disposal of Lands.

State Parks may dispose of lands under its control in several ways. Lands may be transferred that are surplus to the needs of the state for park purposes. For such transfers, State Parks must retain a reversionary interest if the land is not used for outdoor recreation purposes.

State Parks may also dispose of lands that cannot advantageously be used for park purposes. Lands without specific restrictions may be sold to the highest bidder after making a public solicitation for bids. Small parcels may be sold without a public auction in order to resolve boundary disputes with adjacent land owners.

State Parks may exchange lands after holding a public hearing on the proposed exchange in the county where the state land is mostly located.

Notice of Disposal.

State Parks must provide written notice of any proposed sale, exchange, or transfer of land to any counties, cities, or towns in which the land is located. The notice must be provided at least 60 days before entering into any disposition agreement.

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Summary of Bill:

State Parks must provide a 60-day written notice of any proposed sale, exchange, or transfer of land to any of the following entities in which the land is located:

Any entity entitled to notice may request to enter into negotiations with State Parks regarding the proposed disposition. State Parks must respond to any request before entering into a disposition agreement if the request is made within 30 days after notice is provided.

Notice of Park Closure.

State Parks must provide a 60-day written notice to any of the following entities in which a park is located before it initiates action to close or cease management operations of any state park for a period longer than 12 months or an indeterminate period:

Any entity entitled to notice may request to enter into negotiations for a management agreement regarding the park. State Parks must respond to any request before initiating action if the request is made within 30 days after notice is provided. Any management agreement must require that management responsibilities revert back to State Parks if the land is not used for outdoor purposes.

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Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) If State Parks is in a position to close a park, there should be notification to the local jurisdiction to allow for the option to open up negotiation to take on management responsibilities or possibly purchase the property. Jurisdictions should be given this opportunity, which is essentially a right of first refusal, to keep properties in local government control.

(Opposed) None.

Persons Testifying: Representative Angel, prime sponsor; and Bill Trandum, Key Peninsula Metropolitan Parks.

Persons Signed In To Testify But Not Testifying: None.