BP BHEAD INT S

AN ACT Relating to the water trail recreation program; adding new sections to chapter 43.51 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailers on Washington's waters. These recreationists require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, administered by the Washington state parks and recreation commission, who shall manage a system of camping areas at state parks or assist in establishing these facilities at other public or private beaches. The water trail recreation program will be supported by a state-wide permit with proceeds from the permit accruing to the water trail program account.

NEW SECTION. Sec. 2. In addition to its other powers, duties, and functions the commission may:

(1) Plan, construct, and maintain suitable facilities for water trail activities on lands administered or acquired by the commission or as authorized on lands administered by tribes or other public agencies or private landowners by agreement.

(2) Provide and issue upon payment of the proper fee, with the assistance of those authorized agents as may be necessary for the convenience of the public, water trail permits to utilize designated water trail facilities. The commission may, after consultation with the water trail advisory committee, adopt rules authorizing reciprocity of water trail permits provided by another state or Canadian province, but only to the extent that a similar exemption or provision for water trail permits is issued by that state or province.

(3) Compile, publish, distribute, and charge a fee for maps or other forms of public information indicating areas and facilities suitable for water trail activities. All funds collected as a result of the sale of the informational materials shall be deposited in the water trail program account, created in section 6 of this act, and appropriated only to the commission for water trail program purposes.

(4) The commission may contract with a public agency, private entity, or person for the actual conduct of these duties.

NEW SECTION. Sec. 3. A public agency in this state may develop and maintain water trail facilities. The commission may make grants to public agencies or tribal governments and may contract with a public or private agency or person to develop and implement water trail programs provided that the programs are not inconsistent with the rules adopted by the commission.

NEW SECTION. Sec. 4. The commission is not liable for unintentional injuries to users of facilities administered for water trail purposes under this chapter, whether the facilities are administered by the commission, by other public agencies, or by tribal governments. 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.

NEW SECTION. Sec. 5. The fee for the issuance of the state-wide water trail permit for each year shall be determined by the commission after consultation with the water trails advisory committee. All state-wide water trail permits shall expire on the last day of December of the year for which the permit is issued.

NEW SECTION. Sec. 6. The water trail program account is created in the state treasury. All receipts from state-wide water trail permit fees and monetary civil penalties collected under this chapter shall be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the commission for water trail purposes, including: The administration and acquisition, development, operation, planning, maintenance of water trail lands and facilities, grants or contracts therefor, and the development and implementation of water trail safety, enforcement, and education programs, and grants or contracts therefor. The commission may accept gifts, grants, donations, or moneys from any source for deposit in the water trail program account.

NEW SECTION. Sec. 7. The commission may, after consultation with the water trail advisory committee, adopt rules to administer the water trail program and facilities on areas owned or administered by the commission. Where water trail facilities administered by other public or private entities are incorporated into the water trail system, the rules adopted by those entities shall prevail. The commission is not responsible or liable for enforcement of these alternative rules.

NEW SECTION. Sec. 8. Violation of the provisions of sections 1 through 8 of this act or the rules adopted pursuant thereto shall constitute a civil infraction. The fine for the violation shall be deposited in the water trail program account and shall be appropriated only to the commission for water trail purposes.

NEW SECTION. Sec. 9. (1) There is created a water trail advisory committee to advise the parks and recreation commission in the administration of sections 1 through 8 of this act and to assist and advise the commission in the development of water trail facilities and programs.

(2) The advisory committee shall be appointed by the commission and consist of:

(a) Five representatives of the recreational water trail-using public including the Washington water trails association; and

(b) Two representatives of the commercial sectors having an interest in the water trail system.

(3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on January 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired term. However, the first of these members shall be appointed for terms as follow: Two members shall be appointed for one year, two members shall be appointed for two years, and three members shall be appointed for three years.

(4) One representative of the department of natural resources, one representative of the department of wildlife, one representative of the Washington state association of counties, and one representative of the Washington association of cities; each of whom shall be appointed by the director of the department or association.

(5) Members of the committee may be reimbursed from the water trail program account created under section 6 of this act for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(6) The committee shall meet at the times and places it determines, not less than twice each year, and additionally as required by the committee chair or by majority vote of the committee. The chair of the committee shall be selected by a method created under rules adopted by the committee. The committee shall adopt other rules necessary to govern its proceedings.

(7) The director of Washington parks and recreation commission or the director's designee shall serve as secretary to the committee and shall be a nonvoting member.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act are each added to chapter 43.51 RCW.