BILL REQ. #:  S-3542.2 

Read first time 01/20/14.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to state recreation lands; amending RCW 79A.80.010, 79A.80.020, 79A.80.030, 79A.80.090, 79A.80.100, 4.24.210, 7.84.100, 43.12.065, 77.15.750, 77.32.010, 79A.05.070, 36.18.010, 43.07.128, 36.22.179, and 79A.15.050; reenacting and amending RCW 3.62.020 and 79A.05.030; adding a new section to chapter 79.10 RCW; adding a new section to chapter 43.41 RCW; adding a new section to chapter 79A.05 RCW; creating new sections; repealing RCW 79A.80.005, 79A.80.040, 79A.80.050, 79A.80.060, 79A.80.070, and 79A.80.080; providing an effective date; providing expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) All the citizens of the state of Washington should have an equal opportunity to access state-managed recreation lands, including state parks, without regards to their income level, knowledge of applicable pass or permitting requirements, or other factors that may affect their ability to obtain any required pass or permit;
     (2) The ability to enjoy state-managed recreation lands is a valuable resource to the state's citizens and should be supported by a balanced portfolio of funding that includes both agency user fees, including continued purchase of the discover pass on a voluntary basis, as well as other state revenue sources; and
     (3) In addition to balanced and stable funding, the state park system will benefit from continued analysis and implementation of appropriate measures to ensure efficient and effective operations.

Sec. 101   RCW 79A.80.010 and 2013 2nd sp.s. c 23 s 22 are each amended to read as follows:
     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 RCW 79A.80.030.
     (((5))) (3) "Discover pass" means the annual pass created in RCW 79A.80.020.
     (((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, wheeled all-terrain vehicles registered for use under RCW 46.09.442, and state and publicly owned motor vehicles as provided in RCW 46.16A.170.
     (7) "Recreation site or lands" means a state park, state lands and state forest lands as those terms are defined in RCW 79.02.010, natural resources conservation areas as that term is defined in RCW 79.71.030, natural area preserves as that term is defined in RCW 79.70.020, and fish and wildlife conservation sites including water access areas, boat ramps, wildlife areas, parking areas, roads, and trailheads.
     (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 RCW 79A.80.040.))

Sec. 102   RCW 79A.80.020 and 2013 2nd sp.s. c 15 s 1 are each amended to read as follows:
     (1) ((Except as otherwise provided in this chapter,)) A discover pass ((is required for any motor vehicle to:
     (a) Park at any recreation site or lands; or
     (b) Operate on any recreation site or lands)) may be purchased on a voluntary basis to support the maintenance and operation of recreation on lands managed by the agencies.
     (2) Except as provided in RCW 79A.80.110, the cost of a discover pass is thirty dollars. Every four years, beginning October 1, 2018, 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) A discover pass is ((valid)) effective for one year beginning from the date that the discover pass is marked for activation. The activation date may differ from the purchase date pursuant to any policies developed by the agencies.
     (4) Sales of discover passes must be consistent with RCW 79A.80.100.
     (5) The agencies must establish the form and design of the discover pass ((must contain space for two motor vehicle license plate numbers. A discover pass is valid only for those vehicle license plate numbers written on the pass. However, the agencies may offer for sale a family discover pass that is fully transferable among vehicles and does not require the placement of a license plate number on the pass to be valid. The agencies must collectively set a price for the sale of a family discover pass that is no more than fifty dollars. A discover pass is valid only for use with one motor vehicle at any one time)).
     (6) One 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.

Sec. 103   RCW 79A.80.030 and 2013 2nd sp.s. c 15 s 2 are each amended to read as follows:
     (1) A ((person may purchase a)) day-use permit ((to meet the requirements of RCW 79A.80.080)) may be purchased on a voluntary basis to support the maintenance and operation of recreation on lands managed by the agencies. Except as provided in RCW 79A.80.110, a day-use permit is ten dollars per day and must be available for purchase from each agency. A day-use permit is ((valid)) effective for one calendar day.
     (2) ((The agencies may provide short-term parking under RCW 79A.80.070 where a day-use permit is not required.
     (3))) Every four years, beginning September 1, 2018, 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.
     (((4))) (3) Sales of day-use permits must be consistent with RCW 79A.80.100.
     (4) The agencies must establish the form and design of the day-use permit.

Sec. 104   RCW 79A.80.090 and 2011 c 320 s 10 are each amended to read as follows:
     (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 or otherwise directed to the account 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. 105   RCW 79A.80.100 and 2012 c 261 s 4 are each amended to read as follows:
     (1) Discover passes and day-use permits may be made available for purchase:
     (a) Through vendors under contract with one or more of the agencies. The agencies may provide vendors with discover passes and day-use permits at the sales price established under RCW 79A.80.020 and 79A.80.030 to sell at retail;
     (b) Directly from the state parks and recreation commission((, both)) through that agency's parks reservation system, directly from agency employees or volunteers at staffed state parks, or as otherwise provided in RCW 79A.05.070;
     (c) From the department of licensing as provided in RCW 46.16A.090 and 46.01.370;
     (d) From other outlets authorized by law to sell state licenses, permits, or passes; and
     (e) Consistent with RCW 77.32.050, through the department of fish and wildlife's automated licensing system.
     (2) The agencies must maintain a policy to address conditions related to ((return, replacements, and for providing the full year of recreational lands access that the discover pass provides to individuals who are required by the department of licensing to change license plate numbers during the effective dates of a discover pass tied to the affected vehicle)) the acquisition of replacement discover passes and day-use permits.
     (3) For discover passes and day-use permits purchased through the department of licensing, county auditors, or other agents or subagents appointed by the director of the department of licensing, the selling entity is not responsible for delivering the purchased discover pass to the purchaser. The responsibility for delivering the discover pass belongs to the agencies.

Sec. 106   RCW 3.62.020 and 2012 c 262 s 1, 2012 c 136 s 4, and 2012 c 134 s 6 are each reenacted and amended to read as follows:
     (1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
     (2) Except as provided in RCW 9A.88.120, 10.99.080, ((7.84.100(4),)) and this section, the county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. With the exception of funds to be transferred to the judicial stabilization trust account under RCW 3.62.060(2), money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
     (3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund. Funds deposited under this subsection that are attributable to the county's portion of a surcharge imposed under RCW 3.62.060(2) must be used to support local trial court and court-related functions.
     (4) ((Except as provided in RCW 7.84.100(4),)) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
     (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
     (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the state general fund, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

Sec. 107   RCW 4.24.210 and 2012 c 15 s 1 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, hydroelectric project owners, 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, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, 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)(a) 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.
     (i) 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.
     (ii) Releasing water or flows and making waterways or channels available for kayaking, canoeing, or rafting purposes pursuant to and in substantial compliance with a hydroelectric license issued by the federal energy regulatory commission, and making adjacent lands available for purposes of allowing viewing of such activities, does not create a known dangerous artificial latent condition and hydroelectric project owners under subsection (1) of this section shall not be liable for unintentional injuries to the recreational users and observers resulting from such releases and activities.
     (b) Nothing in RCW 4.24.200 and this section limits or expands in any way the doctrine of attractive nuisance.     
     (c) 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;
     (b) A pass or permit issued under RCW 79A.80.020((,)) or 79A.80.030((, or 79A.80.040)); 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 46.09.310, or other public facility accessed by a highway, street, or nonhighway road for the purposes of off-road vehicle use.

Sec. 108   RCW 7.84.100 and 2012 c 262 s 2 are each amended to read as follows:
     (1) A person found to have committed an infraction shall be assessed a monetary penalty. No penalty may exceed five hundred dollars for each offense unless specifically authorized by statute.
     (2) The supreme court may prescribe by rule a schedule of monetary penalties for designated infractions. The legislature requests the supreme court to adjust this schedule every two years for inflation. The maximum penalty imposed by the schedule shall be five hundred dollars per infraction and the minimum penalty imposed by the schedule shall be ten dollars per infraction. This schedule may be periodically reviewed by the legislature and is subject to its revision.
     (3) Whenever a monetary penalty is imposed by a court under this chapter, it is immediately payable. If the person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid.
     (((4) The county treasurer shall remit the money received under RCW 79A.80.080(5) to the state treasurer. Money remitted under this subsection to the state treasurer must be deposited in the recreation access pass account established under RCW 79A.80.090.))

Sec. 109   RCW 43.12.065 and 2011 c 320 s 16 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. 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 those employees as 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 RCW 79A.80.080; 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 RCW 7.84.140, 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. 110   RCW 77.15.750 and 2011 c 320 s 20 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 ((the discover pass created in RCW 79A.80.020, the vehicle access pass created in RCW 79A.80.040, the day-use permit created in RCW 79A.80.030,)) 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. 111   RCW 77.32.010 and 2011 c 320 s 19 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 under RCW 79A.80.020, 79A.80.030, or 79A.80.040 is required to park or operate a motor vehicle on a recreation site or lands, as defined in RCW 79A.80.010.)) The department may not impose a mandatory fee or permit requirement for general public access or parking.
     (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. 112   RCW 79A.05.070 and 2012 c 261 s 8 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 must 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 fees for services, utilities, and use of facilities as the commission shall deem proper. The commission may ((utilize unstaffed collection stations to collect any fees or distribute any permits necessary for access to state parks, including discover passes and day-use permits as those terms are defined in RCW 79A.80.010)) not impose a mandatory fee or permit requirement for general public access or parking. However, the commission may collect fees for and distribute, including through the use of unstaffed collection stations, discover passes and day-use permits, as those terms are defined in RCW 79A.80.010, purchased on a voluntary basis;
     (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 must 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) Utilize such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter. However, the commission does not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.

NEW SECTION.  Sec. 113   A new section is added to chapter 79.10 RCW under the subchapter heading "part 2: multiple use" to read as follows:
     The department may not impose a mandatory fee or permit requirement for general public access or parking on public lands.

NEW SECTION.  Sec. 114   (1) A state agency may not refund money for a discover pass issued prior to the effective date of this section.
     (2) For the purposes of this section, the term "discover pass" has the same meaning as defined in RCW 79A.80.010.
     (3) This section expires July 1, 2016.

NEW SECTION.  Sec. 115   Sections 101 through 114 of this act take effect January 1, 2015.

NEW SECTION.  Sec. 116   (1) The state parks and recreation commission, department of fish and wildlife, and department of natural resources must, in consultation with the office of financial management, develop a plan to efficiently and effectively transition from the current discover pass and day-use permit system, as those terms are defined in RCW 79A.80.010, to the model established under this act where those purchases are voluntary.
     (2) Elements of the plan must include, at a minimum:
     (a) Strategies to market and maximize revenue from the voluntary purchase of the discover pass and day-use permit;
     (b) Incentives to promote the voluntary purchase of the discover pass and day-use permit. In conducting this analysis, the agencies must consider concepts including: The style and form of the discover pass; the receipt of complimentary items with a purchase such as a decal or bumper sticker; discounts on other agency permits or reservations; discounts on purchases from private sector partners; and other concepts identified by the agencies;
     (c) Administrative and operating recommendations to facilitate an efficient and effective transition to the voluntary discover pass and day-use permit; and
     (d) Legislative recommendations to facilitate an efficient and effective transition to the voluntary discover pass and day-use permit.
     (3) The agencies must provide the plan to the appropriate committees of the senate and house of representatives by September 1, 2014.

NEW SECTION.  Sec. 117   The following acts or parts of acts are each repealed:
     (1) RCW 79A.80.005 (Findings -- Intent -- 2011 c 320) and 2011 c 320 s 1;
     (2) RCW 79A.80.040 (Vehicle access pass) and 2012 c 261 s 5 & 2011 c 320 s 5;
     (3) RCW 79A.80.050 (Valid camper registration/annual natural investment permit -- Commission may provide free entry to state parks) and 2012 c 261 s 6 & 2011 c 320 s 6;
     (4) RCW 79A.80.060 (Sno-park seasonal permit) and 2011 c 320 s 7;
     (5) RCW 79A.80.070 (Short-term parking) and 2011 c 320 s 8; and
     (6) RCW 79A.80.080 (Pass/permit requirements--Penalty) and 2013 2nd sp.s. c 15 s 3, 2012 c 261 s 7, & 2011 c 320 s 9.

Sec. 201   RCW 36.18.010 and 2007 c 523 s 2 are each amended to read as follows:
     County auditors or recording officers shall collect the following fees for their official services:
     (1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;
     (2) For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     (3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
     (4) For administering an oath or taking an affidavit, with or without seal, two dollars;
     (5) For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
     (6) For searching records per hour, eight dollars;
     (7) For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
     (8) For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     (9) For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170;
     (10) For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees;
     (11) For recording instruments, a two-dollar surcharge to be deposited into the Washington state heritage center account created in RCW 43.07.129 until June 30, 2015, and beginning July 1, 2015, deposited into the recreation access pass account created in RCW 79A.80.090;
     (12) For recording instruments, a surcharge as provided in RCW 36.22.178; and
     (13) For recording instruments, except for documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law, a surcharge as provided in RCW 36.22.179.

Sec. 202   RCW 43.07.128 and 2007 c 523 s 1 are each amended to read as follows:
     (1) In addition to other required filing fees, the secretary of state shall collect a fee of five dollars at the time of filing for:
     (a) Articles of incorporation for domestic corporations or applications for certificates of authority for foreign corporations under Title 23B RCW;
     (b) Certificates of formation for domestic limited liability companies or registrations of foreign limited liability companies under chapter 25.15 RCW;
     (c) Registrations of foreign and domestic partnerships and limited liability partnerships under chapter 25.05 RCW;
     (d) Certificates of limited ((partnership[s])) partnerships and ((registration[s])) registrations of foreign limited partnerships under chapter 25.10 RCW; and
     (e) Registrations of trademarks under chapter 19.77 RCW.
     (2) Moneys received under subsection (1) of this section must be deposited into the Washington state heritage center account until June 30, 2015, and beginning July 1, 2015, deposited into the recreation access pass account created in RCW 79A.80.090.

Sec. 203   RCW 36.22.179 and 2012 c 90 s 1 are each amended to read as follows:
     (1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsections (2) and (3) of this section, an additional surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. From July 1, 2009, through August 31, 2012, and from July 1, 2015, through June 30, 2017, the surcharge shall be thirty dollars. From September 1, 2012, through June 30, 2015, the surcharge shall be forty dollars. The funds collected pursuant to this section are to be distributed and used as follows:
     (a) The auditor shall retain two percent for collection of the fee, and of the remainder shall remit sixty percent to the county to be deposited into a fund that must be used by the county and its cities and towns to accomplish the purposes of chapter 484, Laws of 2005, six percent of which may be used by the county for administrative costs related to its homeless housing plan, and the remainder for programs which directly accomplish the goals of the county's local homeless housing plan, except that for each city in the county which elects as authorized in RCW 43.185C.080 to operate its own local homeless housing program, a percentage of the surcharge assessed under this section equal to the percentage of the city's local portion of the real estate excise tax collected by the county shall be transmitted at least quarterly to the city treasurer, without any deduction for county administrative costs, for use by the city for program costs which directly contribute to the goals of the city's local homeless housing plan; of the funds received by the city, it may use six percent for administrative costs for its homeless housing program.
     (b) The auditor shall remit the remaining funds to the state treasurer for deposit in the home security fund account. The department may use twelve and one-half percent of this amount for administration of the program established in RCW 43.185C.020, including the costs of creating the statewide homeless housing strategic plan, measuring performance, providing technical assistance to local governments, and managing the homeless housing grant program. The remaining eighty-seven and one-half percent is to be used by the department to:
     (i) Provide housing and shelter for homeless people including, but not limited to: Grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; grants and vouchers designated for victims of human trafficking and their families; and emergency shelter assistance; and
     (ii) Fund the homeless housing grant program.
     (2) Beginning July 1, 2015, in addition to the surcharges authorized in RCW 36.22.178 and subsection (1) of this section, and except as provided in subsection (3) of this section, an additional surcharge of ten dollars must be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. The auditor must retain two percent for collection of the fee and remit the remaining funds to the state treasurer for deposit in the recreation access pass account created in RCW 79A.80.090.
     (3) The surcharge imposed in this section applies to documents required to be recorded or filed under RCW 65.04.030(1) including, but not limited to: Full reconveyance; deeds of trust; deeds; liens related to real property; release of liens related to real property; notice of trustee sales; judgments related to real property; and all other documents pertaining to real property as determined by the department. However, the surcharge does not apply to (a) assignments or substitutions of previously recorded deeds of trust, or (b) documents recording a birth, marriage, divorce, or death or any documents otherwise exempted from a recording fee under state law.
     (((3))) (4) By August 31, 2012, the department shall submit to each county auditor a list of documents that are subject to the surcharge established in subsection (1) of this section.
     (((4) If section 2, chapter 90, Laws of 2012 is not enacted into law by July 31, 2012, section 1, chapter 90, Laws of 2012 is null and void.))

Sec. 204   RCW 79A.15.050 and 2007 c 241 s 30 are each amended to read as follows:
     (1) Moneys appropriated for this chapter to the outdoor recreation account shall be distributed in the following way:
     (a) Not less than thirty percent to the state parks and recreation commission for the ((acquisition and development)) renovation and repair of state parks((, with at least fifty percent of the money for acquisition costs)) facilities;
     (b) Not less than thirty percent for the acquisition, development, and renovation of local parks, with at least fifty percent of this money for acquisition costs;
     (c) Not less than twenty percent for the acquisition, renovation, or development of trails;
     (d) Not less than fifteen percent for the acquisition, renovation, or development of water access sites, with at least seventy-five percent of this money for acquisition costs; and
     (e) Not less than five percent for development and renovation projects on state recreation lands. Only the department of natural resources and the department of fish and wildlife may apply for these funds to be used on their existing recreation lands.
     (2)(a) In distributing these funds, the board retains discretion to meet the most pressing needs for state and local parks, trails, and water access sites, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.
     (b) If not enough project applications are submitted in a category within the outdoor recreation account to meet the percentages described in subsection (1) of this section in any biennium, the board retains discretion to distribute any remaining funds to the other categories within the account.
     (3) Only local agencies may apply for acquisition, development, or renovation funds for local parks under subsection (1)(b) of this section.
     (4) Only state and local agencies may apply for funds for trails under subsection (1)(c) of this section.
     (5) Only state and local agencies may apply for funds for water access sites under subsection (1)(d) of this section.

NEW SECTION.  Sec. 205   Section 204 of this act expires June 30, 2025.

NEW SECTION.  Sec. 206   The legislature recognizes that making the discover pass voluntary beginning January 1, 2015, may result in a temporary funding gap for state recreational land management prior to the accrual of revenue under RCW 36.18.010, 43.07.128, 36.22.179, and 79A.15.050, and that projections as to revenue levels are under continued analysis. The legislature intends to address any funding gap resulting from making the discover pass voluntary in the 2014 supplemental operating budget.

NEW SECTION.  Sec. 301   A new section is added to chapter 43.41 RCW to read as follows:
     (1) The office, in consultation with the state parks and recreation commission, must establish and conduct a competitive procurement process for the selection of one or more private sector entities to increase revenue from more efficient and effective management of state camping areas and their related facilities. The competitive procurement process must be designed to encourage the greatest participation of the private sector. The competitive procurement process must be conducted in a manner that any contract executed under this section will take effect by November 1, 2017.
     (2)(a) To implement the competitive procurement process required under subsection (1) of this section, the office must, after consultation with the chair of the state parks and recreation commission, request proposals for one or more contracts to manage the state's camping areas and their related facilities, including but not limited to: The renting, leasing, and reservation of camping areas and facilities; issuing of commercial use permits; establishing rates, fees, and other charges for rents, leases, and services; promotional and marketing activities; developing and managing new and existing concessions and other amenities; and providing other products and services intended to maximize revenue. The request for proposals must be solicited by November 1, 2016.
     (b) The request for proposals must include without limitation:
     (i) The option of managing all or portions of the state's camping areas and their related facilities;
     (ii) The option of proposing alternative rates, fees, and charges such as differential, demand, or variable pricing, lotteries and auctions, and other creative self-financing models;
     (iii) The option of subcontracting work to other vendors;
     (iv) A requirement that proposals demonstrate to the satisfaction of the office relevant previous experience as well as the financial capacity to perform obligations under the contract; and
     (v) Measurable standards for the performance of the contract.
     (c) Prior to conducting the competitive process outlined in this section, the request for proposals developed by the office must be reviewed by the house and senate fiscal committees.
     (d) If the office determines that through the competitive procurement process that entering into one or more contracts will result in a net financial benefit to the state, the state parks and recreation commission must enter into the contract or contracts as determined by the office. If, in the determination of the office, there is no proposal or combination of proposals that will result in a net financial benefit to the state, the office must notify the state parks and recreation commission to not accept any of the proposals.
     (e) The office must publicly disclose an analysis of the net financial benefit to the state of each of the proposals made in the procurement process.
     (3) The competitive procurement process must not include services related to security and enforcement, construction, or repair of camping areas or their related facilities.
     (4) Any challenge to or protest of the determination of the office must be filed by a respondent that submitted a proposal with the office within five days after the determination. The grounds for such a challenge or protest are limited to claims that the recommendation and acceptance were arbitrary and capricious. The office must, within five days, render its decision on the protest. The respondent that filed the protest may, within five days after such a decision, appeal to the superior court of Thurston county by petition setting forth objections to the decision. A copy of the petition on appeal together with a notice that an appeal has been taken must be served upon the secretary of state, the attorney general, the office, the state parks and recreation commission, and the respondent that submitted the recommended and accepted proposal. The court must accord first priority to examining the objections, may hear arguments, and must, within ten days, render its decision. The decision of the superior court is final.
     (5) Any contract executed under this section must include enforceable performance standards and minimum financial returns to the state. The state parks and recreation commission, in consultation with the office, must establish a contract monitoring process to measure contract performance, costs, service delivery quality, and other contract standards. The contract must provide a provision that allows the state to terminate the contract should specific performance standards or financial returns to the state not be realized. The contract must provide for a reasonable termination notification process as well as financial terms of termination should termination of the contract take place.
     (6) For purposes of this section:
     (a) "Camping areas and their related facilities" include, but are not limited to, campsites, yurts, cabins, rustic structures, vacation houses, group camps, or other facilities and structures intended for overnight or day use on lands managed by the state parks and recreation commission.
     (b) "Net financial benefit to the state" means increased revenue to the state or increased services and efficiencies from the proposal when compared to services provided and revenues generated from camping areas and their related facilities.
     (i) Increases in rates, fees, or charges for camping areas and their related facilities or permits that can be accomplished by the state parks and recreation commission without additional services, management, or strategies contained in the proposal must not be considered increased revenue.
     (ii) Greater weight must be given to proposals that generate revenue through increased use, services, and amenities of camping areas and their related facilities.
     (iii) Greater weight must be given to proposals that improve services and amenities or increase the use of camping areas and their related facilities located in geographically remote areas of the state.
     (iv) Costs or savings from a proposal's change to the state parks and recreation commission management and operations of camping areas and their related facilities must be considered when determining the net financial benefit to the state.
     (v) Both direct and indirect costs of the state parks and recreation commission must be included when determining services provided and projected revenues generated from camping areas and their related facilities.

Sec. 302   RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are each reenacted and amended to read as follows:
     The commission shall:
     (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
     (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof.
     (3) Permit the use of state parks and parkways by the public under such rules as shall be adopted.
     (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
     (5) Grant concessions or leases in state parks and parkways, upon such rentals, fees, or percentage of income or profits and for such terms, in no event longer than fifty years, and upon such conditions as shall be approved by the commission: PROVIDED, That leases exceeding a twenty-year term shall require a unanimous vote of the commission: PROVIDED FURTHER, That if, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of such concession or lease: PROVIDED FURTHER, That television station leases shall be subject to the provisions of RCW 79A.05.085, only: PROVIDED FURTHER, That the rates of such concessions or leases shall be renegotiated at five-year intervals. No concession shall be granted which will prevent the public from having free access to the scenic attractions of any park or parkway.
     (6) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
     (7) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights-of-way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
     (a) The cost of the option agreement does not exceed one dollar; and
     (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.
     (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.
     (10) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection.
     (11) Enter into contracts from the competitive procurement process created in section 301 of this act. Until November 1, 2017, the commission may not enter into, renew, or extend any contract for services subject to the competitive process created in section 301 of this act beyond November 1, 2017, without prior approval of the director of the office of financial management.

NEW SECTION.  Sec. 303   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) The commission shall continue its ongoing efforts to evaluate the agency's mission and options to improve the efficiency and effectiveness of the agency, which may include the evaluation of options relating to organizational structure, administrative processes, land and facility ownership and management, and provision of services.
     (2) The evaluation must include development of specific performance measures relating to the efficiency and effectiveness of the agency, which may include measures relating to data collection necessary for future analysis consistent with the purposes of this section.
     (3) By September 1st of each even-numbered year, the commission shall, consistent with RCW 43.01.036, provide the office of financial management and appropriate committees of the senate and house of representatives with an analysis of the commission's progress in achieving the performance measures during the current biennium and performance measures for the next biennium that are informed by, and build on, the commission's previous efforts under this section.

NEW SECTION.  Sec. 304   (1) In developing the performance measures required by section 303 of this act that are due by September 1, 2014, the state parks and recreation commission shall produce and consider the following:
     (a) An inventory of land and facilities owned and managed by state parks and a process to upgrade the inventory to one capable of describing primary land and facility uses;
     (b) An evaluation of the lands and facilities identified under (a) of this subsection for lands and facilities surplus to state park needs and actions taken or planned to dispose of or more advantageously position these assets;
     (c) Current annual visitation categorized by state park and a process to upgrade the system for collecting parks visitation data to better understand existing and potential markets for park services;
     (d) A process to systematically assess and prioritize the state parks and recreation commission's capital needs, including a financial analysis;
     (e) An inventory of and progress developing ongoing partnerships with entities including the state parks foundation, state park friends groups, and other appropriate public and nonprofit entities;
     (f) An inventory of existing enterprise activities and agreements at state parks, including those relating to product sales, concessions, sponsorships, and advertising, and a process for identifying and evaluating additional potential enterprise opportunities for generating revenue or cost savings;
     (g) A summary of actions taken and planned for application of lean management philosophies and tools throughout the agency; and
     (h) A summary of actions taken and planned towards continued development of a sustained, strategic approach to marketing state parks.
     (2) The information to be produced and considered under subsection (1) of this section must be provided to the office of financial management and appropriate committees of the senate and house of representatives, concurrently with the performance measures required under section 303 of this act, by September 1, 2014.
     (3) This section expires June 30, 2015.

NEW SECTION.  Sec. 305   Sections 301 and 302 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.