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.
