BILL REQ. #:  S-1318.2 

Read first time 02/11/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to state parks and outdoor recreation funding; amending RCW 77.32.380, 4.24.210, 82.49.010, 82.49.030, 82.49.040, 82.49.050, 82.49.060, 82.49.065; and 79A.05.070; adding a new section to chapter 79A.25 RCW; adding new sections to chapter 82.49 RCW; adding a new chapter to Title 79A RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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. Therefore, it is the policy of the state to provide a dedicated source of funding for capital improvements and maintenance of state parks and outdoor recreation lands to protect the state's investment in these lands.
     (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 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 voluntary, renewable annual recreation pass for state-owned recreation sites to provide a visible method to support state outdoor recreation sites. The legislature further finds that these dedicated revenues for state outdoor recreation areas will provide adequate funds to avoid park closures and park vehicle access fees, continuing the tradition of free and open access to state parks for day use.

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 an 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 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.
     (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.
     (6) Revenues from the evergreen recreation pass and any premium pass must be deposited in the parks and outdoor recreation lands account created in section 6 of this act.

Sec. 4   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. 5   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 43.30 RCW, chapter 79A.05 RCW, or the evergreen recreation pass created in chapter 79A.-- RCW (sections 1 through 3 of this act) is not a fee.

NEW SECTION.  Sec. 6   A new section is added to chapter 79A.25 RCW to read as follows:
     The parks and outdoor recreation lands investment account is created in the state treasury. Money placed in the account shall include tax receipts as provided in section 3 of this act, money identified for this purpose under RCW 82.49.030, and any other money appropriated to the account by the legislature. Money in the account may be spent only after appropriation. The interagency committee for outdoor recreation shall administer the account. Expenditures from the account may be used for costs associated with administering the evergreen recreation pass. Remaining funds must be used for operation, maintenance, and capital improvements of state parks and outdoor recreation lands managed by the state parks and recreation commission, the department of fish and wildlife, and the department of natural resources.

NEW SECTION.  Sec. 7   A new section is added to chapter 82.49 RCW to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Camper" has the same meaning as under RCW 46.04.085.
     (2) "Motor home" has the same meaning as under RCW 46.04.305.
     (3) "Travel trailer" has the same meaning as under RCW 46.04.623.

Sec. 8   RCW 82.49.010 and 2000 c 229 s 5 are each amended to read as follows:
     (1)(a) An excise tax is imposed for the privilege of using:
     (i) A vessel upon the waters of this state, except vessels exempt under RCW 82.49.020; or
     (ii) A motor home, travel trailer, or camper in this state, except those exempt under this chapter.
     (b) The annual amount of the excise tax for a vessel under (a)(i) of this subsection is one-half of one percent of fair market value, as determined under this chapter, or five dollars, whichever is greater. The annual amount of the excise tax for a motor home, travel trailer, or camper in (a)(i) of this subsection is eight-tenths of one percent of fair market value. Violation of this subsection is a misdemeanor.
     (2) Persons who are required under chapter 88.02 RCW to register a vessel in this state and who register the vessel in another state or foreign country and avoid the Washington watercraft excise tax are guilty of a gross misdemeanor and are liable for such unpaid excise tax. The department of revenue may assess and collect the unpaid excise tax under chapter 82.32 RCW, including the penalties and interest provided in chapter 82.32 RCW.
     (3) The excise tax upon a vessel registered for the first time in this state shall be imposed for a twelve-month period, including the month in which the vessel is registered, unless the director of licensing extends or diminishes vessel registration periods for the purpose of staggered renewal periods under RCW 88.02.050. A vessel is registered for the first time in this state when the vessel was not registered in this state for the immediately preceding registration year, or when the vessel was registered in another jurisdiction for the immediately preceding year. The excise tax on vessels required to be registered in this state on June 30, 1983, shall be paid by June 30, 1983.

NEW SECTION.  Sec. 9   A new section is added to chapter 82.49 RCW to read as follows:
     The motor homes, travel trailers, and campers specified in this section are exempt from tax under this chapter.
     (1) An unoccupied motor home, travel trailer, or camper when it is part of an inventory held for sale by a manufacturer or dealer in the course of business;
     (2) A motor home, travel trailer, or camper owned by a government or political subdivision thereof;
     (3) A motor home, travel trailer, or camper owned by a nonresident and currently licensed in another state, unless the motor home, travel trailer, or camper is required by law to be licensed in this state. For the purposes of this subsection (3) only, a camper owned by a nonresident is considered licensed in another state if the vehicle to which the camper is attached is currently licensed in another state;
     (4) A motor home, travel trailer, or camper eligible to be used under a dealer's license plate;
     (5) A park trailer, as defined in RCW 46.04.622, that has substantially lost its identity as a mobile unit by virtue of its being permanently sited in location and placed on a foundation of either posts or blocks with connections with sewer, water, or other utilities for the operation of installed fixtures and appliances.

Sec. 10   RCW 82.49.030 and 2000 c 103 s 18 are each amended to read as follows:
     (1)(a) The excise tax on vessels imposed under this chapter is due and payable to the department of licensing or its agents at the time of registration of a vessel. The department of licensing shall not issue or renew a registration for a vessel until the tax is paid in full.
     (b) The excise tax on a motor home, travel trailer, or camper may be paid to the department of licensing or its agents at the time of registration, but is not required to be paid at that time. Tax not paid at the time of registration must be paid to the department of revenue, in the manner provided by the department. Tax is due under this chapter on a motor home, travel trailer, or camper whether registered or not. Chapter 82.32 RCW applies to tax imposed under this chapter unless the tax is paid at the time of registration.
     (2) The excise tax collected under this chapter shall be deposited in the general fund. The excise tax collected under this chapter on motor homes, travel trailers, and campers shall be deposited in the parks and outdoor recreation lands investment account.

Sec. 11   RCW 82.49.040 and 1983 c 7 s 11 are each amended to read as follows:
     The department of revenue shall prepare at least once each year a depreciation schedule for use in the determination of fair market value for the purposes of this chapter. The schedule shall be based upon information available to the department of revenue pertaining to the current fair market value of vessels, motor homes, travel trailers, and campers. The fair market value ((of a vessel)) for the purposes of this chapter shall be based on the most recent purchase price depreciated according to the year of the most recent purchase ((of the vessel)). The most recent purchase price is the consideration, whether money, credit, rights, or other property expressed in terms of money, paid or given or contracted to be paid or given by the purchaser to the seller ((for the vessel)).

Sec. 12   RCW 82.49.050 and 1983 c 7 s 12 are each amended to read as follows:
     (1) If a vessel, motor home, travel trailer, or camper has been acquired by lease or gift, or the most recent purchase price ((of a vessel)) is not known to the owner, the department of revenue shall appraise the vessel, motor home, travel trailer, or camper before registration or payment of tax.
     (2) If after registration or payment of tax the department of revenue determines that the purchase price stated by the owner is not a reasonable representation of the true fair market value ((of a vessel)) at the time of purchase, the department of revenue shall appraise the vessel, motor home, travel trailer, or camper.
     (3) If a vessel, motor home, travel trailer, or camper is homemade, the owner shall make a notarized declaration of fair market value. The fair market value ((of the vessel)) for the purposes of this chapter shall be the declared value, unless after registration the department of revenue determines that the declared value is not a reasonable representation of the true fair market value ((of the vessel)) in which case the department of revenue shall appraise the vessel, motor home, travel trailer, or camper.
     (4) If the department of revenue appraises a vessel, motor home, travel trailer, or camper, the fair market value ((of the vessel)) for the purposes of this chapter shall be the appraised value. If the vessel, motor home, travel trailer, or camper has been registered before appraisal, the department of revenue shall refund any overpayment of tax to the owner or notify the owner of any additional tax due. The owner shall pay any additional tax due within thirty days after notification by the department.

Sec. 13   RCW 82.49.060 and 1993 c 33 s 1 are each amended to read as follows:
     (1) Any vessel, motor home, travel trailer, or camper owner disputing an appraised value under RCW 82.49.050 or disputing whether the vessel, motor home, travel trailer, or camper is taxable, may petition for a conference with the department as provided under RCW 82.32.160, or for reduction of the tax due as provided under RCW 82.32.170.
     (2) Any vessel, motor home, travel trailer, or camper owner having received a notice of denial of a petition or a notice of determination made for the owner's vessel, motor home, travel trailer, or camper under RCW 82.32.160 or 82.32.170 may appeal to the board of tax appeals as provided under RCW 82.03.190. In deciding a case appealed under this section, the board of tax appeals may require an independent appraisal of the vessel, motor home, travel trailer, or camper. The cost of the independent appraisal shall be apportioned between the department and the ((vessel)) owner as provided by the board.

Sec. 14   RCW 82.49.065 and 1992 c 154 s 4 are each amended to read as follows:
     Whenever any person has paid a ((vessel)) license fee, and with the fee has paid an excise tax imposed under this chapter, and the director of licensing determines that the payor is entitled to a refund of the entire amount of the license fee as provided by law, then the payor shall also be entitled to a refund of the entire excise tax collected under this chapter together with interest at the rate specified in RCW 82.32.060. If the director determines that any person is entitled to a refund of only a part of the license fee paid, the payor shall be entitled to a refund of the difference, if any, between the excise tax collected and that which should have been collected together with interest at the rate specified in RCW 82.32.060. The state treasurer shall determine the amount of such refund by reference to the applicable excise tax schedule prepared by the department of revenue in cooperation with the department of licensing.
     If no claim is to be made for the refund of the license fee, or any part of the fee, but claim is made by any person that he or she has paid an erroneously excessive amount of excise tax, the department of licensing shall determine in the manner generally provided in this chapter the amount of such excess, if any, that has been paid and shall certify to the state treasurer that the person is entitled to a refund in that amount together with interest at the rate specified in RCW 82.32.060.
     If due to error a person has been required to pay an excise tax pursuant to this chapter and a license fee ((under chapter 88.02 RCW)) which amounts to an overpayment of ten dollars or more, such person shall be entitled to a refund of the entire amount of such overpayment, together with interest at the rate specified in RCW 82.32.060, regardless of whether a refund of the overpayment has been requested. If due to error the department or its agents has failed to collect the full amount of the license fee and excise tax due, which underpayment is in the amount of ten dollars or more, the department shall charge and collect such additional amount as will constitute full payment of the tax and any penalties or interest at the rate specified in RCW 82.32.050.
     If the department approves the claim, it shall notify the state treasurer to that effect and the treasurer shall make such approved refunds and the other refunds provided for in this section from the general fund and shall mail or deliver the same to the person entitled to the refund.
     Any person who makes a false statement under which he or she obtains a refund to which he or she is not entitled under this section is guilty of a gross misdemeanor.

Sec. 15   RCW 79A.05.070 and 1999 c 249 s 307 are each amended to read as follows:
     The commission may:
     (1) Make rules and regulations for the proper administration of its duties;
     (2) Accept any grants of funds made with or without a matching requirement by the United States, or any agency thereof, for purposes in keeping with the purposes of this chapter; accept gifts, bequests, devises and endowments for purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit groups to use state park property and facilities to raise money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available. However, none of the moneys raised may inure to the benefit of the nonprofit group, except in furtherance of its purposes to benefit the commission as provided in this chapter. The agency and the private nonprofit group shall agree on the nature of any project to be supported by such gift or grant prior to the use of any agency property or facilities for raising money. Any such gifts may be in the form of recreational facilities developed or built in part or in whole for public use on agency property, provided that the facility is consistent with the purposes of the agency;
     (3) Require certification by the commission of all parks and recreation workers employed in state aided or state controlled programs;
     (4) Act jointly, when advisable, with the United States, any other state agencies, institutions, departments, boards, or commissions in order to carry out the objectives and responsibilities of this chapter;
     (5) Grant franchises and easements for any legitimate purpose on parks or parkways, for such terms and subject to such conditions and considerations as the commission shall specify;
     (6) Charge such fees for services, utilities, and use of facilities as the commission shall deem proper, except that the commission shall not charge fees for parking, day use, or other form of basic parkland access;
     (7) Enter into agreements whereby individuals or companies may rent undeveloped parks or parkway land for grazing, agricultural, or mineral development purposes upon such terms and conditions as the commission shall deem proper, for a term not to exceed ten years;
     (8) Determine the qualifications of and employ a director of parks and recreation who shall receive a salary as fixed by the governor in accordance with the provisions of RCW 43.03.040 and determine the qualifications and salary of and employ such other persons as may be needed to carry out the provisions hereof; and
     (9) Without being limited to the powers hereinbefore enumerated, the commission shall have such other powers as in the judgment of a majority of its members are deemed necessary to effectuate the purposes of this chapter: PROVIDED, That the commission shall not have power to supervise directly any local park or recreation district, and no funds shall be made available for such purpose.

NEW SECTION.  Sec. 16   Sections 1 through 3 of this act constitute a new chapter in Title 79A RCW.

NEW SECTION.  Sec. 17   Sections 1 through 14 of this act take effect January 1, 2004.

NEW SECTION.  Sec. 18   Section 15 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.