AN
ACT Relating to the use of volunteers by the state parks and recreation
commission; and amending RCW 43.51.040, 43.51.130, and 43.51.140.
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 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. Commission expenses relating
to its use of volunteer assistance shall be limited to premiums or assessments
for the insurance of volunteers by the department of labor and industries,
compensation of staff who assist volunteers, materials and equipment used in
authorized volunteer projects, training, reimbursement of volunteer travel as
provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating
to volunteer recognition. The commission, at its discretion, may waive
commission fees otherwise applicable to volunteers. The commission shall not
use volunteers to replace or supplant classified positions. The use of
volunteers may not lead to the elimination of any employees or permanent positions
in the bargaining unit.
(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.
Sec.
2. RCW
43.51.130 and 1982 c 156 s 1 are each amended to read as follows:
The
state parks and recreation commission may grant permits to individuals, groups,
churches, charities, organizations, agencies, clubs, or associations to improve
any state park or parkway, or any lands belonging to the state and withdrawn
from sale under the provisions of this chapter. ((Any expenses borne by the
state shall be limited to premiums or assessments for the insurance of
volunteers by the department of labor and industries, compensation of staff who
assist volunteers, minimal use of natural resources contained within such
public lands, paint, incidental materials, and equipment used to assist
volunteers.)) These improvements shall not interfere with access to or use
of such public lands or facilities by the general public and shall benefit the
public in terms of safety, recreation, aesthetics, or wildlife or natural area
preservation. These improvements on public lands and facilities shall be for
the use of all members of the general public.
Sec.
3. RCW
43.51.140 and 1982 c 156 s 2 are each amended to read as follows:
Any
such individual, group, organization, agency, club, or association desiring to
obtain such permit shall make application therefor in writing to the
commission, describing the lands proposed to be improved and stating the nature
of the proposed improvement. ((Prior to granting a permit, the commission
shall determine that the applicants are persons of good standing in the
community in which they reside.))
