HOUSE BILL NO. 1354


                                            AS AMENDED BY FREE CONFERENCE COMMITTEE


                                                                            C 237 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Fraser, McLean, R. Fisher, Crane, Winsley, Dorn, Sayan, Belcher, Chandler, Brough, Rector, Haugen, R. King, K. Wilson, Hankins, H. Myers, Miller, Rasmussen, Ebersole, Tate and Sprenkle; by request of Governor Gardner



Read first time 1/20/89 and referred to Committee on State Government.



AN ACT Relating to the interagency committee for outdoor recreation; amending RCW 43.99.010, 43.99.020, 43.99.130, 43.99.142, 43.99.146, and 67.32.050; adding a new section to chapter 43.99 RCW; declaring an emergency; and providing an effective date.




        Sec. 1.  Section 1, chapter 5, Laws of 1965 and RCW 43.99.010 are each amended to read as follows:

          (1) As Washington begins its second century of statehood, the legislature recognizes that renewed efforts are needed to preserve, conserve, and enhance the state's recreational resources.  Rapid population growth and increased urbanization have caused a decline in suitable land for recreation and resulted in overcrowding and deterioration of existing facilities.  Lack of adequate recreational resources directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves.

          It is therefore the policy of the state and its agencies to preserve, conserve, and enhance recreational resources and open space.  In carrying out this policy, the mission of the interagency committee for outdoor recreation and its staff is to (a) create and work actively for the implementation of a unified state-wide strategy for meeting the recreational needs of Washington's citizens, (b) represent and promote the interests of the state on recreational issues in concert with other state and local agencies and the governor, (c) encourage and provide interagency and regional coordination, and interaction between public and private organizations, (d) administer recreational grant-in-aid programs and provide technical assistance, and (e) serve as a repository for information, studies, research, and other data relating to recreation.

          (2) Washington is uniquely endowed with fresh and salt waters rich in scenic and recreational value.  This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is a major support of its expanding tourist industry.  Rising population, increased income and leisure time, and the rapid growth of boating and other water sports have greatly increased the demand for water related recreation, while waterfront land is rapidly rising in value and disappearing from public use.  There is consequently an urgent need for the acquisition or improvement of waterfront land on fresh and salt water suitable for marine recreational use by Washington residents and visitors.  To meet this need, it is necessary and proper that the portion of motor vehicle fuel taxes paid by boat owners and operators on fuel consumed in their watercraft and not reclaimed as presently provided by law should be expended for the acquisition or improvement of marine recreation land on the Pacific Ocean, Puget Sound, bays, lakes, rivers, reservoirs and other fresh and salt waters of the state.


        Sec. 2.  Section 2, chapter 5, Laws of 1965 as last amended by section 108, chapter 158, Laws of 1979 and RCW 43.99.020 are each amended to read as follows:

          Definitions:  As used in this chapter:

          (1) "Marine recreation land" means any land with or without improvements which (a) provides access to, or in whole or in part borders on, fresh or salt water suitable for recreational use by watercraft, or (b) may be used to create, add to, or make more usable, bodies of water, waterways, or land, for recreational use by watercraft.

          (2) "Public body" means any county, city, town, port district, park and recreation district, metropolitan park district, or other municipal corporation which is authorized to acquire or improve public outdoor recreation land, and shall also mean Indian tribes now or hereafter recognized as such by the federal government for participation in the land and water conservation program.

          (3) "Tax on marine fuel" means motor vehicle fuel tax which is (a) tax on fuel used in, or sold or distributed for use in, any watercraft, (b) refundable pursuant to chapter 82.36 RCW, and (c) paid to the director of licensing with respect to taxable sales, distributions, or uses occurring on or after December 3, 1964.

          (4) "Watercraft" means any boat, vessel, or other craft used for navigation on or through water.

          (5) "Committee" means the interagency committee for outdoor recreation.

          (6) "Director" means the director of the interagency committee for outdoor recreation.


        Sec. 3.  Section 13, chapter 5, Laws of 1965 as last amended by section 2, chapter 206, Laws of 1981 and RCW 43.99.130 are each amended to read as follows:

          When requested by the committee, members employed by the state shall furnish assistance to the committee from their departments for the analysis and review of proposed plans and projects, and such assistance shall be a proper charge against the appropriations to the several agencies represented on the committee.  Assistance may be in the form of money, personnel, or equipment and supplies, whichever is most suitable to the needs of the committee.

          ((The committee shall employ a director and may employ an assistant director to serve at the pleasure of the committee and shall appoint such professional, technical, and clerical personnel and other assistants and employees as may be necessary to carry out the work of the committee.))

          The director shall be appointed by, and serve at the pleasure of, the governor.  The governor shall select the director from a list of three candidates submitted by the committee.  However, the governor may request and the committee shall provide an additional list or lists from which the governor may select the director.  The lists compiled by the committee shall not be subject to public disclosure.  The director shall have background and experience in the areas of recreation management and policy.  The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.  The director shall appoint such personnel as may be necessary to carry out the duties of the committee.  Not more than three employees appointed by the director shall be exempt from the provisions of chapter 41.06 RCW.


          NEW SECTION.  Sec. 4.  A new section is added to chapter 43.99 RCW to read as follows:

          The director shall have the following powers and duties:

          (1) To supervise the administrative operations of the committee and its staff;

          (2) To administer recreation grant-in-aid programs and provide technical assistance to state and local agencies;

          (3) To prepare and update a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space.  The plan shall be prepared in coordination with the office of the governor and the office of financial management, with participation of federal, state, and local agencies having recreational responsibilities, user groups, private sector interests, and the general public.  The plan shall be submitted to the committee for review, and the committee shall submit its recommendations on the plan to the governor.  The plan shall include, but is not limited to: (a) an inventory of current resources; (b) a forecast of recreational resource demand; (c) identification and analysis of actual and potential funding sources; (d) a process for broad scale information gathering; (e) an assessment of the capabilities and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals of the plan; (f) an analysis of strategic options and decisions available to the state; (g) an implementation strategy that is coordinated with executive policy and budget priorities; and  (h) elements necessary to qualify for participation in or the receipt of aid from any federal program for outdoor recreation;

          (4) To represent and promote the interests of the state on recreational issues and further the mission of the committee;

          (5) Upon approval of the committee, to enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public benefit and use;

          (6) To appoint such technical and other committees as may be necessary to carry out the purposes of this chapter;

          (7) To create and maintain a repository for data, studies, research, and other information relating to recreation in the state, and to encourage the interchange of such information;

          (8) To encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public and private entities involved in the development and preservation of recreational resources; and

          (9) To prepare the state trails plan, as required by RCW 67.32.050.


        Sec. 5.  Section 1, chapter 24, Laws of 1979 ex. sess. and RCW 43.99.142 are each amended to read as follows:

          In addition to its other powers and duties the ((committee)) director is authorized to coordinate the preparation of a comprehensive guide of public parks and recreation sites in the state of Washington.  Such guide may include one or more maps showing the locations of such public parks and recreation areas, and may also include information as to the facilities and recreation opportunities available.  All state agencies providing public recreational facilities shall participate.  Cooperation of federal agencies providing public recreational facilities within the state shall be solicited.

          The ((committee)) director shall determine the costs of providing and distributing such a guide and pursue the most feasible means of paying the costs of initial production.  The guide shall be sold for an amount to cover the reasonable production and distribution costs involved, and the ((committee)) director may contract with any state agency, local government agency, or private firm as otherwise allowed by law for any part of such production or distribution.


        Sec. 6.  Section 4, chapter 24, Laws of 1979 ex. sess. and RCW 43.99.146 are each amended to read as follows:

          The ((committee)) director shall periodically review and have updated the guide authorized by RCW 43.99.142.


        Sec. 7.  Section 5, chapter 76, Laws of 1970 ex. sess. as amended by section 1, chapter 47, Laws of 1971 ex. sess. and RCW 67.32.050 are each amended to read as follows:

          The ((IAC)) director shall prepare a state trails plan as part of the state-wide outdoor recreation and open space plan.  Included in this plan shall be an inventory of existing trails and potential trail routes on all lands within the state presently being used or with potential for use by all types of trail users.  Such trails plan may include general routes or corridors within which specific trails or segments thereof may be considered for designation as state recreation trails.


          NEW SECTION.  Sec. 8.  The following acts or parts of acts are each repealed:

                   (1) Section 5, chapter 206, Laws of 1981, section 1, chapter 425, Laws of 1987 and RCW 43.99.115; and

          (2) Section 4, chapter 62, Laws of 1967 ex. sess. and RCW 43.99.122.


          NEW SECTION.  Sec. 9.     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 shall take effect on June 30, 1989.

                                                                                                                           Passed the House April 23, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                           Passed the Senate April 23, 1989.


                                                                                                                                       President of the Senate.