BILL REQ. #:  Z-0444.2 

Read first time 01/22/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to the water trail recreation program; amending RCW 79A.05.380, 79A.05.385, and 79A.05.410; creating a new section; and repealing RCW 79A.05.400, 79A.05.405, and 79A.05.420.

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

Sec. 1   RCW 79A.05.380 and 1993 c 182 s 1 are each amended to read as follows:
     The legislature recognizes the increase in water-oriented recreation by users of human and wind-powered, beachable vessels such as kayaks, canoes, or day sailors on Washington's waters. These recreationists frequently require overnight camping facilities along the shores of public or private beaches. The legislature now creates a water trail recreation program, to be administered by the Washington state parks and recreation commission. The legislature recognizes that the effort to develop water trail sites is a continuing need and that the commission provides beneficial expertise and consultation to water trail user groups, agencies, and private landowners for the existing Cascadia marine trail and Willapa Bay water trail.

Sec. 2   RCW 79A.05.385 and 1993 c 182 s 2 are each amended to read as follows:
     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.
     (4) Contract with a public agency, private entity, or person for the actual conduct of these duties.
     (5) Work with individuals or organizations who wish to volunteer their time to support the water trail recreation program.
     (6) Provide expertise and consultation to individuals, agencies, and organizations in the continued development of water trail sites in this state.

Sec. 3   RCW 79A.05.410 and 1993 c 182 s 7 are each amended to read as follows:
     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. 4   Any unspent balance of funds in the water trail program account created in RCW 79A.05.405 as of June 30, 2003, must be transferred to the state parks renewal and stewardship account created in RCW 79A.05.215. All receipts from sales of materials under RCW 79A.05.385 and all monetary civil penalties collected under RCW 79A.05.415 must be deposited in the state parks renewal and stewardship account. Any gifts, grants, donations, or moneys from any source received by the commission for the water trail program must also be deposited in the state parks renewal and stewardship account. Funds transferred or deposited into the state parks renewal and stewardship account under this section must be used solely for water trail program purposes.

NEW SECTION.  Sec. 5   The following acts or parts of acts are each repealed:
     (1) RCW 79A.05.400 (Water trail recreation program -- Permits) and 1993 c 182 s 5;
     (2) RCW 79A.05.405 (Water trail recreation program--Account created) and 2000 c 11 s 40 & 1993 c 182 s 6; and
     (3) RCW 79A.05.420 (Water trail advisory committee) and 2000 c 11 s 41, 1994 c 264 s 21, & 1993 c 182 s 9.