BILL REQ. #:  H-0270.1 

Read first time 01/20/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to the evergreen recreation pass; amending RCW 77.32.380 and 4.24.210; adding a new section to chapter 43.30 RCW; adding a new section to chapter 79A.05 RCW; adding a new chapter to Title 79A RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the state parks and recreation commission, the department of natural resources, and the fish and wildlife commission have difficulty maintaining recreation sites they own because of insufficient funds. The legislature also finds that the lack of funds to maintain and repair these recreation sites may result in the closure of some of these sites to the public at a time when the demand for outdoor recreation areas continues to increase.
     (2) The legislature recognizes that many state residents and visitors to Washington enjoy visiting state-owned recreation sites throughout different parts of the state, and that people will visit lands owned by more than one state agency. The legislature is aware that the parks and recreation commission is considering a statewide day-use parking fee, the fish and wildlife commission has an annual pass for parking at their access sites, and the department of natural resources currently does not charge a day-use parking fee at their recreation sites. The legislature finds that any day-use parking fees or annual passes should be coordinated among these agencies so that people have the opportunity to buy a single day-use parking pass that will be accepted at recreation sites owned by all three of these state agencies. The legislature also finds that the creation of a single renewable annual recreation parking pass may result in many more people visiting a number of recreation sites within the state because of better maintained facilities and increased awareness of recreation opportunities. It is therefore the intent of the legislature to create an evergreen recreation pass that will be available to serve as a renewable annual recreation parking pass for state-owned recreation sites in lieu of day-use parking fees, that this recreation parking pass will be widely available, and that the purchase of this pass is optional for members of the general public. It is also the intent of the legislature to encourage coordination with federal natural resource recreational land managers and neighboring states to develop a regional recreational parking pass.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" or "agencies" includes the department of fish and wildlife, the department of natural resources, and the parks and recreation commission.
     (2) "Pass" means the evergreen recreation pass created in section 3 of this act.
     (3) "Recreation site" means those areas designated by an agency where a day-use parking fee or annual parking permit is required.
     (4) "Visitation" means the total number of visitor days to agency recreation sites as determined by a survey conducted by the interagency committee for outdoor recreation.

NEW SECTION.  Sec. 3   (1) The evergreen recreation pass is created effective January 1, 2004, as a renewable annual parking pass that is valid at any recreation sites owned by the agencies. The pass is in lieu of any other day-use parking fee or annual parking permit required by these agencies, including day-use parking fees established by the parks and recreation commission and the annual fish and wildlife lands vehicle use permit issued by the department of fish and wildlife under RCW 77.32.380. The cost of the pass may not exceed thirty-five dollars, except that the amount of the fee may be adjusted for inflation by the office of financial management subject to the limitation contained in RCW 43.135.055(1).
     (2) A person has the option to either purchase the pass or to purchase the individual day-use parking passes or annual parking permits required by the agencies.
     (3)(a) The pass must be made available for purchase from each agency requiring a day-use parking fee or annual parking permit.
     (b) The pass must also be available for purchase through the department of licensing. The department of licensing shall include a notice of the availability of this pass, including the opportunity to renew the pass, in each notice of license plate tab renewals. The department of licensing shall also encourage private vendors to distribute the pass and to make the pass available for persons renewing licenses on-line.
     (4) Agencies may enter into agreements with federal agencies and neighboring state natural resource agencies to develop a regional recreation pass. Agencies shall evaluate and develop a proposal for implementing an interagency pass that includes access to state and federal recreation lands by December 1, 2003, and report their findings to the appropriate standing committees of the legislature.
     (5) Agencies may develop premium passes that combine additional licenses and services that include but are not limited to camping, boat launch, boat moorage, hunting, and fishing. Agencies may also develop marketing proposals that include offering discounts to the cost of the pass for private vendors that distribute premium passes and the evergreen recreation pass.

NEW SECTION.  Sec. 4   (1) The pass must be displayed so that it is clearly visible from outside of the motor vehicle before parking at a recreation site.
     (2) Annual passes must be available during any month of the year.
     (3) Failure to display the pass or the equivalent agency day-use parking pass or annual parking permit in accordance with this section is a natural resource infraction under chapter 7.84 RCW. Agency employees and general authority law enforcement officers may issue a notice of infraction to the registered owner of any motor vehicle parking without either the pass or the equivalent agency day-use parking pass or annual parking permit. The penalty for failure to clearly display the required pass or permit is sixty-six dollars. This penalty is reduced to ten dollars if the registered owner provides proof to the court that he or she purchased either a pass or the equivalent agency day-use parking pass or annual parking permit within fifteen days after the issuance of the notice of violation.

NEW SECTION.  Sec. 5   (1) Revenues obtained from the sale of the pass shall be distributed to the agencies participating in the pass program based on visitation to agency lands by purchasers of the pass during the prior year.
     (2) Visitation is determined by a survey conducted by the interagency committee for outdoor recreation in 2004 and updated every four years. Revenues collected in 2004 must be distributed in the following manner: Fifty percent to the state parks and recreation commission; twenty-five percent to the department of fish and wildlife; and twenty-five percent to the department of natural resources. Beginning January 1, 2005, the first annual survey of purchasers of the pass by the interagency committee for outdoor recreation will determine the revenue distribution based on visitation for each agency.
     (3) Before revenues from the pass are distributed to agencies based on visitation, the department of licensing must be reimbursed for reasonable expenses incurred for promoting and selling the pass, and the interagency committee for outdoor recreation shall be reimbursed for conducting the survey.
     (4) Funds received from sales of the pass must be used for operation, maintenance, repair, and equipment for recreation sites.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.30 RCW to read as follows:
     (1) For the purposes of this section, "recreation site" has the same meaning as defined in section 2 of this act.
     (2) The department may charge persons a fee for parking motor vehicles at clearly identified department recreation sites.
     (3) A person may purchase and display an evergreen recreation pass, created in section 3 of this act, in lieu of a day-use pass or permit required by the department for parking at recreation sites owned by the department. Nothing in this section alters the authority of the department to determine the recreation sites at which a day-use pass or permit will be required for access.

NEW SECTION.  Sec. 7   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) For the purposes of this section, "recreation site" has the same meaning as defined in section 2 of this act.
     (2) A person may purchase and display an evergreen recreation pass, created in section 3 of this act, in lieu of a day-use pass or permit required by the commission for access to recreation sites owned by the commission. Nothing in this section alters the authority of the commission to determine the recreation sites at which a day-use pass or permit will be required for access.

Sec. 8   RCW 77.32.380 and 2001 c 243 s 1 are each amended to read as follows:
     (1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. One vehicle use permit shall be issued at no charge with an initial purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, or trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a vehicle use permit or who has purchased a vehicle use permit separately may purchase additional vehicle use permits from the department at a cost of five dollars per vehicle use permit. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities.
     Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder.
     The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge.
     (2) The vehicle use permit must be displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a department improved access facility. The vehicle use permit can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle.
     (3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a vehicle use permit. The penalty for failure to clearly display the vehicle use permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a vehicle use permit within fifteen days after the issuance of the notice of violation.
     (4) In lieu of displaying the vehicle use permit required under this section, persons who enter upon or use clearly identified department improved access facilities may display the evergreen recreation pass created in section 3 of this act. Nothing in this section alters the authority of the department to determine the recreation sites at which a day-use pass or permit will be required for access. For the purposes of this subsection (4), "recreation site" has the same meaning as defined in section 2 of this act.

Sec. 9   RCW 4.24.210 and 1997 c 26 s 1 are each amended to read as follows:
     (1) Except as otherwise provided in subsection (3) of this section, any public or private landowners or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, hanggliding, paragliding, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee ((of any kind therefor)), shall not be liable for unintentional injuries to such users.
     (2) Except as otherwise provided in subsection (3) of this section, any public or private landowner or others in lawful possession and control of any lands whether rural or urban, or water areas or channels and lands adjacent to such areas or channels, who offer or allow such land to be used for purposes of a fish or wildlife cooperative project, or allow access to such land for cleanup of litter or other solid waste, shall not be liable for unintentional injuries to any volunteer group or to any other users.
     (3) Any public or private landowner, or others in lawful possession and control of the land, may charge an administrative fee of up to twenty-five dollars for the cutting, gathering, and removing of firewood from the land. Nothing in this section shall prevent the liability of such a landowner or others in lawful possession and control for injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted. Nothing in RCW 4.24.200 and 4.24.210 limits or expands in any way the doctrine of attractive nuisance. Usage by members of the public, volunteer groups, or other users is permissive and does not support any claim of adverse possession.
     (4) For purposes of this section, a license or permit issued for statewide use under authority of ((chapter 43.51 RCW, Title 75, or)) Title 77 RCW, chapter 79A.05 RCW, or the evergreen recreation pass created in chapter 79A.-- RCW (sections 1 through 5 of this act) is not a fee.

NEW SECTION.  Sec. 10   Sections 1 through 5 of this act constitute a new chapter in Title 79A RCW.