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                                           ENGROSSED HOUSE BILL NO. 1623

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Belcher, Bowman, Ferguson, Brumsickle, Haugen, Hargrove, Locke and McLean

Read first time 2/1/89 and referred to Committee on Judiciary.

AN ACT Relating to winter recreation activities of the state parks and recreation commission; and amending RCW 43.51.290 and 70.88.080.

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

        Sec. 1.  Section 1, chapter 209, Laws of 1975 1st ex. sess. as amended by section 1, chapter 11, Laws of 1982 and RCW 43.51.290 are each amended to read as follows:

          In addition to its other powers, duties, and functions the state parks and recreation commission may:

          (1) 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) Provide and issue upon payment of the proper fee, with the assistance of such authorized agents as may be necessary for the convenience of the public, a permit to park in designated winter recreational area parking spaces;

          (3) Administer the snow removal operations for all designated winter recreational area parking spaces; and

          (4) Compile, publish, and distribute maps indicating such parking spaces, adjacent trails, and areas and facilities suitable for winter recreational activities.

          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, whether by the commission, by other public agencies, or by private landowners through agreement with the commission.  Nothing in this section shall prevent 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.

        Sec. 2.  Section 8, chapter 327, Laws of 1959 and RCW 70.88.080 are each amended to read as follows:

          Inspections, rules, and orders of the ((department)) state parks and recreation commission resulting from the exercise of the provisions of this chapter, as well as under RCW 70.88.020, shall not in any manner be deemed to impose liability upon the state for any injury or damage resulting from the operation of the facilities regulated by this chapter, and all actions of the ((department)) state parks and recreation commission and its personnel shall be deemed to be an exercise of the police power of the state.