E2SHB 2373 -
By Senator Ranker
ADOPTED AND ENGROSSED 3/6/12
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 79A.80.010 and 2011 c 320 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and
wildlife, the department of natural resources, and the parks and
recreation commission.
(2) "Annual natural investment permit" means the annual permit
issued by the parks and recreation commission for the purpose of
launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee
on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in RCW 79A.80.030.
(5) "Discover pass" means the annual pass created in RCW
79A.80.020.
(6) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 and which are required to be registered under chapter 46.16A
RCW. "Motor vehicle" does not include those motor vehicles exempt from
registration under RCW 46.16A.080 and state and publicly owned motor
vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park ((or)), state
lands and state forest lands as those terms are defined in RCW
79.02.010, natural resources conservation areas as that term is defined
in RCW 79.71.030, natural area preserves as that term is defined in RCW
79.70.020, and fish and wildlife conservation sites including water
access areas, boat ramps, wildlife areas, parking areas, roads, and
trailheads((, or department of natural resources developed or
designated recreation areas, sites, trailheads, and parking areas)).
(8) "Sno-park seasonal permit" means the seasonal permit issued by
the parks and recreation commission for providing access to winter
recreational facilities for the period of November 1st through March
31st.
(9) "Vehicle access pass" means the pass created in RCW 79A.80.040.
Sec. 2 RCW 79A.80.020 and 2011 c 320 s 3 are each amended to read
as follows:
(1) Except as otherwise provided in RCW 79A.80.050, 79A.80.060, and
79A.80.070, a discover pass is required for any motor vehicle to park
or operate on any recreation site or lands, except for short-term
parking as may be authorized under RCW 79A.80.070.
(2) The cost of ((the)) a discover pass is thirty dollars ((per
motor vehicle)). Every four years the office of financial management
must review the cost of the discover pass and, if necessary, recommend
to the legislature an adjustment to the cost of the discover pass to
account for inflation.
(3) ((The)) A discover pass is valid for one year ((from the date
of issuance)) beginning from the date that the discover pass is marked
for activation. The activation date may differ from the purchase date
pursuant to any policies developed by the agencies.
(4) ((The discover pass must be made available for purchase
throughout the year through the department of fish and wildlife's
automated licensing system consistent with RCW 77.32.050.)) Sales of discover ((
(5) Thepass)) passes must be ((made
available for purchase through the department of licensing as provided
in RCW 46.16A.090. The department of licensing, county auditor, or
other agent or subagent appointed by the director, is not responsible
for delivering a purchased discover pass to a motor vehicle owner. The
agencies must deliver the purchased discover pass to a motor vehicle
owner.))
consistent with section 4 of this act.
(6) The state parks and recreation commission may make the discover
pass available for purchase through its reservation system and other
outlets authorized by law to sell licenses, permits, or passes
(((7))) (5) The discover pass must contain space for ((the)) two
motor vehicle license plate numbers. A discover pass is valid only for
those vehicle license plate numbers written on the pass. However, the
agencies may offer for sale a family discover pass that is fully
transferable among vehicles and does not require the placement of a
license plate number on the pass to be valid. The agencies must
collectively set a price for the sale of a family discover pass that is
no more than fifty dollars. A discover pass is valid only for use with
one motor vehicle at any one time.
(((8) A)) (6) One complimentary discover pass must be provided to
a volunteer who performed twenty-four hours of service on agency-sanctioned volunteer projects in a year. The agency must provide
vouchers to volunteers identifying the number of volunteer hours they
have provided for each project. The vouchers may be brought to an
agency to be redeemed for a discover pass.
Sec. 3 RCW 79A.80.030 and 2011 c 320 s 4 are each amended to read
as follows:
(1) A person may purchase a day-use permit to meet the requirements
of RCW 79A.80.080. ((The)) A day-use permit is ten dollars per day and
must be available for purchase from each agency. ((The)) A day-use
permit is valid for one calendar day.
(2) The agencies may provide short-term parking under RCW
79A.80.070 where ((the)) a day-use permit is not required.
(3) Every four years the office of financial management must review
the cost of the day-use permit and, if necessary, recommend to the
legislature an adjustment to the cost of the day-use permit to account
for inflation.
(4) Sales of day-use permits must be consistent with section 4 of
this act.
NEW SECTION. Sec. 4 A new section is added to chapter 79A.80 RCW
to read as follows:
(1) Discover passes and day-use permits may be made available for
purchase:
(a) Through vendors under contract with one or more of the
agencies. The agencies may provide vendors with discover passes and
day-use permits at the sales price established under RCW 79A.80.020 and
79A.80.030 to sell at retail;
(b) Directly from the state parks and recreation commission, both
through that agency's parks reservation system, directly from agency
employees or volunteers at staffed state parks, or as otherwise
provided in RCW 79A.05.070;
(c) From the department of licensing as provided in RCW 46.16A.090
and section 11 of this act;
(d) From other outlets authorized by law to sell state licenses,
permits, or passes; and
(e) Consistent with RCW 77.32.050, through the department of fish
and wildlife's automated licensing system.
(2) The agencies must maintain a policy to address conditions
related to return, replacements, and for providing the full year of
recreational lands access that the discover pass provides to
individuals who are required by the department of licensing to change
license plate numbers during the effective dates of a discover pass
tied to the affected vehicle.
(3) For discover passes and day-use permits purchased through the
department of licensing, county auditors, or other agents or subagents
appointed by the director of the department of licensing, the selling
entity is not responsible for delivering the purchased discover pass to
the purchaser. The responsibility for delivering the discover pass
belongs to the agencies.
Sec. 5 RCW 79A.80.040 and 2011 c 320 s 5 are each amended to read
as follows:
(1) The vehicle access pass is created solely for access to the
department of fish and wildlife recreation sites or lands. The vehicle
access pass is only available to a person who purchases a current
valid: Big game hunting license issued under RCW 77.32.450; small game
hunting license issued under RCW 77.32.460; western Washington pheasant
permit issued under RCW 77.32.575; trapping license issued under RCW
77.65.450; watchable wildlife decal issued under RCW 77.32.560; or
combination, saltwater, or freshwater personal use fishing license
issued under RCW 77.32.470.
(2) One vehicle access pass must be issued per purchase pursuant to
subsection (1) of this section.
(3) The vehicle access pass is valid for the license year of the
license it is purchased with.
(4) The vehicle access pass must contain space for two motor
vehicle license plate numbers. A vehicle access pass is only valid for
those vehicle license plate numbers written on the pass.
Sec. 6 RCW 79A.80.050 and 2011 c 320 s 6 are each amended to read
as follows:
(1) ((The)) A discover pass or ((the)) a day-use permit are not
required within a state park for persons who have a valid camper
registration, or annual natural investment permit, issued by the state
parks and recreation commission.
(2) The state parks and recreation commission ((may)) must provide
up to twelve days a year where entry to ((the)) state parks is free.
At least three of those days must be on weekends. When practicable,
the free access days should be timed to correspond with any similar
free access days planned by the national park service for national
parks located in the general region of high volume state parks.
Sec. 7 RCW 79A.80.080 and 2011 c 320 s 9 are each amended to read
as follows:
(1) ((The)) A discover pass, ((the)) vehicle access pass, or
((the)) day-use permit must be visibly displayed in the front
windshield of any motor vehicle or otherwise in a prominent location
for vehicles without a windshield:
(a) Operating on a recreation site or lands; or
(b) Parking at a recreation site or lands.
(2) The discover pass, the vehicle access pass, or the day-use
permit is not required on private lands, state-owned aquatic lands
other than water access areas, or at agency offices, hatcheries, or
other facilities where public business is conducted.
(3)(((a))) The discover pass, the vehicle access pass, or the day-use permit is not required for:
(a) Persons who use, possess, or enter lands owned or managed by
the agencies for nonrecreational purposes consistent with a written
authorization from the agency, including but not limited to leases,
contracts, and easements((.)); or
(b) The discover pass or the day-use permit is not required
(b) On department of fish and wildlife lands only, for persons
possessing a current vehicle access pass pursuant to RCW 79A.80.040.
(4)(a) An agency may waive the requirements of this section for any
person who has secured the ability to access specific recreational land
through the provision of monetary consideration to the agency or for
any person attending an event or function that required the provision
of monetary compensation to the agency.
(b) Special events and group activities are core recreational
activities and major public service opportunities within state parks.
When waiving the requirements of this section for special events, the
state parks and recreation commission must consider the direct and
indirect costs and benefits to the state, local market rental rates,
the public service functions of the event sponsor, and other public
interest factors when setting appropriate fees for each event or
activity.
(5) Failure to comply with subsection (1) of this section is a
natural resource infraction under chapter 7.84 RCW. An agency is
authorized to issue a notice of infraction to any person who fails to
comply with subsection (1)(a) of this section or to any motor vehicle
that fails to comply with subsection (1)(b) of this section.
(((5))) (6) The penalty for failure to comply with the requirements
of this section is ninety-nine dollars. This penalty ((is)) must be
reduced to fifty-nine dollars if an individual provides proof of
purchase of ((the)) a discover pass to the court within fifteen days
after the issuance of the notice of violation.
Sec. 8 RCW 79A.05.070 and 2011 c 320 s 24 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)) must 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. The commission may
utilize unstaffed collection stations to collect any fees or distribute
any permits necessary for access to state parks, including discover
passes and day-use permits as those terms are defined in RCW
79A.80.010;
(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 forty years;
(8) Determine the qualifications of and employ a director of parks
and recreation who ((shall)) must 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)) Utilize 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)). However,
the commission ((shall)) does not have power to supervise directly any
local park or recreation district, and no funds shall be made available
for such purpose.
Sec. 9 RCW 46.16A.090 and 2011 c 320 s 12 are each amended to
read as follows:
(1) The department, county auditor or other agent, or subagent
appointed by the director ((shall)) must provide an opportunity for a
vehicle owner to make a voluntary donation as provided in this section
when applying for an initial or renewal vehicle registration.
(2)(a) A vehicle owner who registers a vehicle under this chapter
may donate one dollar or more to the organ and tissue donation
awareness account to promote the donation of organs and tissues under
the uniform anatomical gift act as described in chapter 68.64 RCW. The
donation of one or more dollars is voluntary and may be refused by the
vehicle owner.
(b) The department, county auditor or other agent, or subagent
appointed by the director ((shall)) must:
(i) Ask a vehicle owner applying for a vehicle registration if the
owner would like to donate one dollar or more;
(ii) Inform a vehicle owner of the option for organ and tissue
donations as required under RCW 46.20.113; and
(iii) Make information booklets or other informational material
available regarding the importance of organ and tissue donations to
vehicle owners.
(c) All reasonable costs associated with the creation of the
donation program created under this section must be paid proportionally
or by another agreement by a participating Washington state organ
procurement organization established for organ and tissue donation
awareness purposes by the Washington state organ procurement
organizations. For the purposes of this section, "reasonable costs"
and "Washington state organ procurement organization" have the same
meaning as in RCW 68.64.010.
(3) The department ((shall)) must collect from a vehicle owner who
pays a vehicle license fee under RCW 46.17.350(1) (a), (d) through (l),
(((e), (g), (h), (j),)) (n), (o), or (q) or who registers a vehicle
under RCW 46.16A.455 with a declared gross weight of ((ten)) twelve
thousand pounds or less a voluntary donation of five dollars. The
donation may not be collected from any vehicle owner actively opting
not to participate in the donation program. The department ((shall))
must ensure that the opt-out donation under this section is clear,
visible, and prominently displayed in both paper and online vehicle
registration renewals. Notification of intent to not participate in
the donation program must be provided annually at the time of vehicle
registration renewal. The donation must be deposited in the state
parks renewal and stewardship account established in RCW 79A.05.215 to
be used for the operation and maintenance of state parks.
(4) ((Beginning with vehicle license fees that are due or will
become due on or after October 1, 2011,)) A vehicle owner who registers
a vehicle under this chapter may purchase a discover pass for ((a fee
of thirty dollars, as may be adjusted for inflation under)) the price
amount established in RCW 79A.80.020. Purchase of ((the)) a discover
pass is voluntary by the vehicle owner. The discover pass fee must be
deposited in the recreation access pass account created in RCW
79A.80.090. The department, county auditor, or other agent or subagent
appointed by the director is not responsible for delivering a purchased
discover pass to a motor vehicle owner. The agencies, as defined in
RCW 79A.80.010, must deliver the purchased discover pass to a motor
vehicle owner.
Sec. 10 RCW 46.01.140 and 2011 c 171 s 11 are each amended to
read as follows:
(1) County auditor/agent duties. A county auditor or other agent
appointed by the director ((shall)) must:
(a) Enter into a standard contract provided by the director;
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the director including,
but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until
directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required;
(c) If authorized by the director, offer for sale discover passes
as provided in chapter 79A.80 RCW.
(2) County auditor/agent assistants and subagents. A county
auditor or other agent appointed by the director may, with approval of
the director:
(a) Appoint assistants as special deputies to accept applications
for vehicle certificates of title and to issue vehicle registrations;
and
(b) Recommend and request that the director appoint subagencies
within the county to accept applications for vehicle certificates of
title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent
appointed by the director who requests a subagency ((shall)) must, with
approval of the director:
(a) Use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine the
qualifications of all interested applicants; and
(b) Submit all proposals to the director with a recommendation for
appointment of one or more subagents who have applied through the open
competitive process. If a qualified successor who is an existing
subagent's sibling, spouse, or child, or a subagency employee has
applied, the county auditor ((shall)) must provide the name of the
qualified successor and the name of one other applicant who is
qualified and was chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director
((shall)) must:
(a) Enter into a standard contract with the county auditor or agent
provided by the director; ((and))
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the county auditor or
agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to
internet payment option customers until directed otherwise by
legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required; and
(c) If authorized by the director, offer for sale discover passes
as provided in chapter 79A.80 RCW.
(5) Subagent successorship. A subagent appointed by the director
who no longer wants his or her appointment may recommend a successor
who is the subagent's sibling, spouse, or child, or a subagency
employee. The recommended successor must participate in the open
competitive process used to select an applicant. In making successor
recommendations and appointment determinations, the following
provisions apply:
(a) If a subagency is held by a partnership or corporate entity,
the nomination must be submitted on behalf of, and agreed to by, all
partners or corporate officers;
(b) A subagent may not receive any direct or indirect compensation
or remuneration from any party or entity in recognition of a successor
nomination. A subagent may not receive any financial benefit from the
transfer or termination of an appointment; and
(c) The appointment of a successor is intended to assist in the
efficient transfer of appointments to minimize public inconvenience.
The appointment of a successor does not create a proprietary or
property interest in the appointment.
(6) Standard contracts. The standard contracts provided by the
director in this section may include provisions that the director deems
necessary to ensure that readily accessible and acceptable service is
provided to the citizens of the state, including the full collection of
fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related
to service expectations and levels;
(b) Describe the equipment to be supplied by the department and
equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to
protect the state against any loss of collected revenue or loss of
equipment;
(d) Specify the amount of training that will be provided by each of
the parties;
(e) Describe allowable costs that may be charged for vehicle
registration activities as described in subsection (7) of this section;
and
(f) Describe causes and procedures for termination of the contract,
which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or
other agent appointed by the director who does not cover expenses for
services provided by the standard contract may submit to the department
a request for cost-coverage moneys. The request must be submitted on
a form developed by the department. The department ((shall)) must
develop procedures to standardize and identify allowable costs and to
verify whether a request is reasonable. Payment must be made on those
requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues
that exceed the cost of providing services described in the standard
contract, calculated in accordance with the procedures in subsection
(7) of this section, must be expended as determined by the county
legislative authority during the process established by law for
adoption of county budgets.
(9) Appointment authority. The director has final appointment
authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this
section.
NEW SECTION. Sec. 11 A new section is added to chapter 46.01 RCW
to read as follows:
The department may, in coordination with the state parks and
recreation commission, offer for sale and distribute discover passes
and day-use permits, as provided in chapter 79A.80 RCW, at the
department's drivers' licenses offices. Any amounts collected by the
department through the sales of discover passes and day-use permits
must be deposited in the recreation access pass account created in RCW
79A.80.090.
NEW SECTION. Sec. 12 (1) A state agency may not refund money for
a discover pass or vehicle access pass issued prior to the effective
date of this section.
(2) Each discover pass or vehicle access pass issued prior to the
effective date of this section is valid for two license plate numbers
written on the pass.
(3) For the purposes of this section, the terms "discover pass" and
"vehicle access pass" have the same meanings provided under RCW
79A.80.010.
(4) This section expires December 31, 2013.
NEW SECTION. Sec. 13 (1) By December 31, 2013, the agencies
responsible for implementing the discover pass requirements of chapter
79A.80 RCW must prepare a report to the legislature, delivered
consistent with RCW 43.01.036, that identifies opportunities for
simplifying the administration and use of the discover pass and
creating consistent recreational access policies across all lands that
require a discover pass for lawful recreational access. The report
must specifically address options for consistent boat launch policies
among the agencies and, more generally, address how consistency can be
developed for other inconsistent interagency access policies.
(2) To the degree the agencies have the authority to address
inconsistent recreational access policies administratively, progress
towards this end should be included in the required report. If
inconsistent recreational access polices are a result of statutory
limits, then the report should identify those barriers to consist
recreational access policies.
(3) This section expires July 30, 2014.
NEW SECTION. Sec. 14 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."
E2SHB 2373 -
By Senator Ranker
ADOPTED AND ENGROSSED 3/6/12
On page 1, line 2 of the title, after "resources;" strike the remainder of the title and insert "amending RCW 79A.80.010, 79A.80.020, 79A.80.030, 79A.80.040, 79A.80.050, 79A.80.080, 79A.05.070, 46.16A.090, and 46.01.140; adding a new section to chapter 79A.80 RCW; adding a new section to chapter 46.01 RCW; creating new sections; providing expiration dates; and declaring an emergency."