Z-0198.1  _______________________________________________

                          HOUSE BILL 1330

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Alexander, Sump, Buck, Regala, Anderson, Lantz, Doumit, G. Chandler, Pennington, Rockefeller, Benson and Mulliken; by request of Parks and Recreation Commission

Read first time 01/21/1999.  Referred to Committee on Natural Resources.

Granting concessions or leases in state parks and parkways.

    AN ACT Relating to concessions or leases in state parks and parkways; and amending RCW 43.51.040.

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

    Sec. 1.  RCW 43.51.040 and 1989 c 175 s 106 are each 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, promulgate, 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 ((forty)) 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 43.51.063, 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.

    (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 subdivision 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.

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