BILL REQ. #: H-3425.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/12/12. Referred to Committee on General Government Appropriations & Oversight.
AN ACT Relating to the state's management of its recreational resources; amending RCW 77.32.010, 77.15.750, 79A.05.215, 79A.05.070, 77.32.070, 77.32.050, 46.01.140, 46.16A.090, 79A.05.010, 79A.05.020, 79A.05.035, 79A.05.040, 79A.05.045, 79A.05.050, 79A.05.055, 79A.05.060, 79A.05.065, 79A.05.080, 79A.05.085, 79A.05.090, 79A.05.095, 79A.05.100, 79A.05.105, 79A.05.110, 79A.05.115, 79A.05.120, 79A.05.125, 79A.05.130, 79A.05.140, 79A.05.145, 79A.05.150, 79A.05.155, 79A.05.160, 79A.05.165, 79A.05.170, 79A.05.175, 79A.05.178, 79A.05.180, 79A.05.185, 79A.05.190, 79A.05.195, 79A.05.200, 79A.05.205, 79A.05.210, 79A.05.220, 79A.05.230, 79A.05.240, 79A.05.250, 79A.05.280, 79A.05.285, 79A.05.290, 79A.05.300, 79A.05.310, 79A.05.315, 79A.05.320, 79A.05.325, 79A.05.330, 79A.05.335, 79A.05.340, 79A.05.345, 79A.05.351, 79A.05.355, 79A.05.360, 79A.05.370, 79A.05.375, 79A.05.380, 79A.05.390, 79A.05.395, 79A.05.410, 79A.05.415, 79A.05.545, 79A.05.610, 79A.05.615, 79A.05.620, 79A.05.630, 79A.05.650, 79A.05.665, 79A.05.670, 79A.05.685, 79A.05.688, 79A.05.690, 79A.05.695, 79A.05.705, 79A.05.710, 79A.05.715, 79A.05.735, and 79A.05.780; reenacting and amending RCW 43.30.385, 77.12.170, 79A.05.030, 79A.05.225, 79A.05.255, and 79A.05.385; adding new sections to chapter 79A.80 RCW; adding a new section to chapter 77.32 RCW; adding new sections to chapter 79A.05 RCW; adding a new section to chapter 46.01 RCW; creating a new section; repealing RCW 79A.80.010, 79A.80.020, 79A.80.030, 79A.80.040, 79A.80.050, 79A.80.060, 79A.80.070, 79A.80.080, 79A.80.090, 79A.05.015, 79A.05.025, and 79A.05.075; prescribing penalties; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 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 state parks and
recreation department.
(2) "Day use permit" means the recreational lands access permit
created in section 3 of this act.
(3) "Discover pass" means the pass created in section 2 of this
act.
(4) "Recreational lands" means any designated or developed
recreation area or site managed by an agency for outdoor recreation or
fish and wildlife conservation including designated water access areas,
boat ramps and launches, wildlife areas, parking areas, roads,
trailheads, water trails, and other trails under ownership, management,
lease, or control of the agency.
(5) "Vehicle" has the same meaning as "motor vehicle" defined in
RCW 46.04.320 and which are required to be registered under chapter
46.16A RCW. The term "vehicle" does not include:
(a) An otherwise included motor vehicle if the vehicle is being
towed under the power of a motor vehicle satisfying the definition
provided in RCW 46.04.320;
(b) Those motor vehicles exempt from registration under RCW
46.16A.080; and
(c) State and publicly owned vehicles as provided in RCW
46.16A.170.
NEW SECTION. Sec. 2 (1) The discover pass is created as an
annual pass that is required, except as provided in sections 5 and 8 of
this act, to park or drive a vehicle on any recreational lands.
(2)(a) Except as provided in sections 10 and 11 of this act, the
cost of a discover pass is thirty dollars.
(b) Every four years the office of financial management must review
the cost of a discover pass and, if necessary, recommend to the
legislature an adjustment to the cost of a discover pass to account for
inflation.
(3)(a) Except for a gifted discover pass, a discover pass is valid
for one year from the date of issuance and must be designed so the
expiration month can be designated at the time of purchase.
(b) A gift option must be made available to the purchaser of a
discover pass. A gifted discover pass only differs from a standard
discover pass in that the purchaser may designate the month in which
the pass becomes effective.
(4) A discover pass must be made available for purchase as provided
in section 9 of this act.
(5) The discover pass must contain space for two motor vehicle
license plate numbers and is only valid if a license plate number
matching the vehicle in which the discover pass is displayed is written
into one of those spaces.
(6) A complimentary discover pass must be provided to a volunteer
who performed twenty-four hours of service on agency-sanctioned
volunteer projects in one year. The agency must provide vouchers to
volunteers identifying the number of volunteer hours they have provided
for each project. The vouchers may be taken to an agency to be
redeemed for a discover pass.
(7) Except as otherwise specifically provided in statute, other
than providing the option for a day use permit under section 3 of this
act, the agencies may not require any additional payment for day use
noncommercial recreational access to recreational lands by individuals
or single vehicles. This subsection does not apply to special winter
recreational areas managed by the state parks and recreation department
under chapter 79A.05 RCW, commercial activities or leases, consumptive
uses, events, rights of entry, or other activities or uses of
recreational lands not otherwise allowed to be accessed or used by the
holders of a discover pass.
NEW SECTION. Sec. 3 (1) A person may purchase a day use permit
that enables the holder to park or drive a vehicle on any recreational
lands without violating the requirements of section 4 of this act.
(2)(a) The day use permit is ten dollars.
(b) Every four years the office of financial management must review
the cost of a day use permit and, if necessary, recommend to the
legislature an adjustment to the cost of a day use permit to account
for inflation.
(3) Day use permits must be available for purchase as provided in
section 9 of this act.
NEW SECTION. Sec. 4 (1) Except as provided in this section or
section 5 of this act, a valid discover pass or a day use permit must
be visibly displayed in the front windshield of any vehicle, or in
plain sight on a vehicle without a windshield when:
(a) Driving on recreational lands; or
(b) Parked on recreational lands.
(2) A discover pass or 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 discover pass or day use permit is not required for persons
who use, possess, or enter lands owned or managed by the agencies for
purposes consistent with a written authorization from the agency,
including but not limited to leases, contracts, and easements. 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.
(4) 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 vehicle that
fails to comply with subsection (1)(b) of this section.
(5) The penalty for failure to comply with the requirements of this
section is ninety-nine dollars. This penalty is reduced to fifty-nine
dollars if an individual provides proof of purchase of a discover pass
to the court within fifteen days after the issuance of the notice of
violation.
NEW SECTION. Sec. 5 (1) A discover pass or a day use permit are
not required for persons who display proof of payment of a camping fee
collected by the state parks and recreation department under chapter
79A.05 RCW for the day preceding and the day following the night or
nights of camping designated on the proof of payment.
(2) A discover pass or day use permit is not required to park in
designated winter recreational area parking spaces identified in RCW
79A.05.225 between November 1st through March 31st and are not valid
substitutes for special winter recreational parking permits issued
under RCW 79A.05.230.
(3) The state parks and recreation department must provide twelve
days a year where a vehicle may enter upon or park at a state park
without having to purchase or display a discover pass or day use
permit. At least three of those days must be on weekends.
NEW SECTION. Sec. 6 (1) The recreation access pass account is
created in the state treasury. All moneys received from the sale of
discover passes created in section 2 of this act and day use permits
created in section 3 of this act must be deposited into the account.
(2) Except as otherwise provided in this section, each fiscal
biennium, the first seventy-one million dollars in revenue must be
distributed to the agencies in the following manner:
(a) Eight percent to the department of fish and wildlife and
deposited into the state wildlife account created in RCW 77.12.170;
(b) Eight percent to the department of natural resources and
deposited into the park land trust revolving fund created in RCW
43.30.385; and
(c) Eighty-four percent to the state parks and recreation
department and deposited into the state parks renewal and stewardship
account created in RCW 79A.05.215.
(3) Each fiscal biennium, revenues in excess of seventy-one million
dollars must be distributed equally among the agencies to the accounts
identified in subsection (2) of this section.
(4) Revenues distributed from the recreation access pass account
may only be used by the agencies for the following purposes:
(a) Operating, maintaining, providing stewardship of, and
administering recreational lands and public access to public lands,
including criminal and civil law enforcement; and
(b) Securing public access to land owned by an agency that does not
have direct public access, or to fishing and hunting areas located on,
or requiring access through, private lands.
(5) Prior to distributing revenue to the agencies under this
section, the state parks and recreation department must be reimbursed
for the costs of producing, marketing, and distributing discover passes
and day use permits under section 7 of this act.
NEW SECTION. Sec. 7 (1) Administration of this chapter,
including the production, marketing, and distribution of discover
passes and day use permits to private vendors and other sales
locations, is the primary responsibility of the state parks and
recreation department. However, the state parks and recreation
department must consult with the other affected agencies when a
decision substantially affects that agency.
(2) Nothing in this section affects the administration of the
department of fish and wildlife's automated licensing system authorized
in RCW 77.32.050 or provides the state parks and recreation department
with any authority over that system.
NEW SECTION. Sec. 8 Each agency must, where applicable,
designate a short-term parking area on recreational lands that allows
a vehicle to park on the recreational lands for up to fifteen minutes
without having to display a discover pass or day use permit.
NEW SECTION. Sec. 9 (1) Discover passes and day use permits may
be made available for purchase:
(a) Through private sector vendors under contract with the state
parks and recreation department;
(b) Directly from the state parks and recreation department, 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 21 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 department of fish and wildlife's automated licensing
system is only one option for the sale of discover passes and day use
permits. Only discover passes and day use permits purchased in the
same transaction with licenses or permits issued under Title 77 RCW are
required to be sold through the automated licensing system and assessed
a transaction fee paid by the purchaser.
(3)(a) Except as provided in (b) of this subsection, once
purchased, a discover pass may not be returned and the purchase price
may not be refunded. Replacements for lost or stolen discover passes
may only be provided at full cost as provided in sections 2 and 3 of
this act.
(b) The state parks and recreation department must maintain a
policy 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.
(4) Private sector vendors under contract with the state parks and
recreation department may be provided with discover passes and day use
permits to sell at retail for a per item price less than the sales
price established in sections 2 and 3 of this act. However, any
participating private sector vendor may not collect less than the
amount established in sections 2 and 3 of this act for the sale of a
discover pass or day use permit.
NEW SECTION. Sec. 10 A new section is added to chapter 77.32 RCW
to read as follows:
(1) The department must make a discover pass available for purchase
to any person who, in the same transaction, also purchases one of the
following:
(a) A big game hunting license issued under RCW 77.32.450;
(b) A small game hunting license issued under RCW 77.32.460;
(c) A western Washington pheasant permit issued under RCW
77.32.575;
(d) A trapping license issued under RCW 77.65.450;
(e) A watchable wildlife decal issued under RCW 77.32.560; or
(f) A combination, saltwater, or freshwater personal use fishing
license issued under RCW 77.32.470.
(2) The cost of a discover pass, when purchased during the same
transaction as an item identified in subsection (1) of this section, is
fifty percent of the cost of a discover pass as established in section
2 of this act.
(3) Only one discounted discover pass may be issued per
transaction. Additional discover passes, as well as discover passes
and day use permits sold to an individual purchasing an item other than
those identified in subsection (1) of this section, may be purchased
for the amount established in section 2 of this act.
(4) The fees collected for all discover passes and day use permits
purchased under this section must be deposited in the recreation access
pass account created in section 6 of this act.
(5) For the purposes of this section and unless the context clearly
requires otherwise, the terms "discover pass" and "day use permit" have
the same meaning as provided in section 1 of this act.
NEW SECTION. Sec. 11 A new section is added to chapter 79A.05
RCW to read as follows:
(1) The department must make a discover pass available for purchase
to any person who, in the same transaction, also purchases a campsite
rental.
(2) The cost of a discover pass, when purchased during the same
transaction as an item identified in subsection (1) of this section, is
fifty percent of the cost of a discover pass as established in section
2 of this act.
(3) Only one discounted discover pass may be issued per
transaction. Additional discover passes, as well as discover passes
and day use permits sold to an individual purchasing an item other than
those identified in subsection (1) of this section, may be purchased
for the amount established in section 2 of this act.
(4) The fees collected for all discover passes and day use permits
purchased under this section must be deposited in the recreation access
pass account created in section 6 of this act.
(5) For the purposes of this section and unless the context clearly
requires otherwise, the terms "discover pass" and "day use permit" have
the same meaning as defined in section 1 of this act.
Sec. 12 RCW 77.32.010 and 2011 c 320 s 19 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, a recreational
license issued by the director is required to hunt for or take wild
animals or wild birds, fish for, take, or harvest fish, shellfish, and
seaweed. A recreational fishing or shellfish license is not required
for carp, smelt, and crawfish, and a hunting license is not required
for bullfrogs.
(2) A ((pass or permit issued under RCW 79A.80.020, 79A.80.030, or
79A.80.040 is required to park or operate a motor vehicle on a
recreation site or lands, as defined in RCW 79A.80.010)) discover pass
or day use permit issued under section 2 or 3 of this act is required
to access, park a vehicle on, or drive a vehicle on recreational lands
managed by the department, as the term "recreational lands" is defined
in section 1 of this act.
(3) During the 2009-2011 fiscal biennium to enable the
implementation of the pilot project established in section 307, chapter
329, Laws of 2008, a fishing permit issued to a nontribal member by the
Colville Tribes shall satisfy the license requirements in subsection
(1) of this section on the waters of Lake Rufus Woods and on the north
shore of Lake Rufus Woods, and a Colville Tribes tribal member
identification card shall satisfy the license requirements in
subsection (1) of this section on all waters of Lake Rufus Woods.
Sec. 13 RCW 77.15.750 and 2011 c 320 s 20 are each amended to
read as follows:
(1) A person is guilty of unlawful use of a department permit if
the person:
(a) Violates any terms or conditions of the permit issued by the
department or the director; or
(b) Violates any rule of the ((commission)) department or the
director applicable to the requirement for, issuance of, or use of the
permit.
(2)(a) Permits covered under subsection (1) of this section
include, but are not limited to, master hunter permits, crab pot
removal permits and shellfish pot removal permits under RCW 77.70.500,
depredation permits, landowner hunting permits, commercial carp license
permits, permits to possess or dispense beer or malt liquor pursuant to
RCW 66.28.210, and permits to hold, sponsor, or attend an event
requiring a banquet permit from the liquor control board.
(b) Permits excluded from subsection (1) of this section include
the discover pass created in ((RCW 79A.80.020, the vehicle access pass
created in RCW 79A.80.040, the day-use permit created in RCW
79A.80.030)) section 2 of this act, the day use permit created in
section 3 of this act, commercial use or activity permits,
noncommercial use or activity permits, parking permits, experimental
fishery permits, trial commercial fishery permits, and scientific
collection permits.
(3) Unlawful use of a department permit is a misdemeanor.
(4) A person is guilty of unlawful use of an experimental fishery
permit or a trial commercial fishery permit if the person:
(a) Violates any terms or conditions of the permit issued by the
department or the director; or
(b) Violates any rule of the ((commission)) department or the
director applicable to the issuance or use of the permit.
(5) Unlawful use of an experimental fishery permit or a trial
commercial fishery permit is a gross misdemeanor.
(6) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Experimental fishery permit" means a permit issued by the
director for either:
(i) An "emerging commercial fishery," defined as a fishery for a
newly classified species for which the department has determined that
there is a need to limit participation; or
(ii) An "expanding commercial fishery," defined as a fishery for a
previously classified species in a new area, by a new method, or at a
new effort level, for which the department has determined that there is
a need to limit participation.
(b) "Trial commercial fishery permit" means a permit issued by the
department for trial harvest of a newly classified species or harvest
of a previously classified species in a new area or by a new means.
Sec. 14 RCW 43.30.385 and 2011 c 320 s 21 and 2011 c 16 s 14 are
each reenacted and amended to read as follows:
(1) The park land trust revolving fund is to be utilized by the
department for the purpose of acquiring real property, including all
reasonable costs associated with these acquisitions, as a replacement
for the property transferred to the state parks and recreation
((commission)) department, as directed by the legislature in order to
maintain the land base of the affected trusts or under RCW 79.22.060
and to receive voluntary contributions for the purpose of operating and
maintaining public use and recreation facilities, including trails,
managed by the department.
(2) In addition to the other purposes identified in this section,
the park land trust revolving fund may be utilized by the department to
hold funding for future acquisition of lands for the community forest
trust program from willing sellers under RCW 79.155.040.
(3)(a) Proceeds from transfers of real property to the state parks
and recreation ((commission)) department or other proceeds identified
from transfers of real property as directed by the legislature shall be
deposited in the park land trust revolving fund.
(b) The proceeds from real property transferred or disposed under
RCW 79.22.060 must be used solely to purchase replacement forest land,
that must be actively managed as a working forest, within the same
county as the property transferred or disposed.
(c) Disbursement from the park land trust revolving fund to acquire
replacement property and for operating and maintaining public use and
recreation facilities shall be on the authorization of the department.
(d) The proceeds from the recreation access pass account created in
((RCW 79A.80.090 must be solely used for the purpose of operating and
maintaining public use and recreation facilities, including trails,
managed by the department)) section 6 of this act may only be used for
the purposes provided in section 6 of this act.
(4) In order to maintain an effective expenditure and revenue
control, the park land trust revolving fund is subject in all respects
to chapter 43.88 RCW, but no appropriation is required to permit
expenditures and payment of obligations from the fund.
(5) The department is authorized to solicit and receive voluntary
contributions for the purpose of operating and maintaining public use
and recreation facilities, including trails, managed by the department.
The department may seek voluntary contributions from individuals and
organizations for this purpose. Voluntary contributions will be
deposited into the park land trust revolving fund and used solely for
the purpose of public use and recreation facilities operations and
maintenance. Voluntary contributions are not considered a fee for use
of these facilities.
Sec. 15 RCW 79A.05.215 and 2011 c 320 s 22 are each amended to
read as follows:
(1) The state parks renewal and stewardship account is created in
the state treasury. Except as otherwise provided in this chapter, all
receipts from user fees, concessions, leases, donations collected under
RCW 46.16A.090(3), and other state park-based activities shall be
deposited into the account. ((The proceeds from the recreation access
pass account created in RCW 79A.80.090 must be used for the purpose of
operating and maintaining state parks.))
(2)(a) Except for the proceeds from the recreation access pass
account created in section 6 of this act, expenditures from the account
may be used for operating state parks, developing and renovating park
facilities, undertaking deferred maintenance, enhancing park
stewardship, and other state park purposes.
(b) The proceeds from the recreation access pass account created in
section 6 of this act must be used for the purposes identified in
section 6 of this act.
(c) Expenditures from the account may be made only after
appropriation by the legislature.
Sec. 16 RCW 77.12.170 and 2011 c 339 s 3, 2011 c 320 s 23, and
2011 c 171 s 112 are each reenacted and amended to read as follows:
(1) There is established in the state treasury the state wildlife
account which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department
purposes, unless the property is seized or recovered through a fish,
shellfish, or wildlife enforcement action;
(c) The assessment of administrative penalties;
(d) The sale of licenses, permits, tags, and stamps required by
chapter 77.32 RCW, RCW 77.65.490, and application fees;
(e) Fees for informational materials published by the department;
(f) Fees for personalized vehicle, Wild on Washington, and
Endangered Wildlife license plates and Washington's Wildlife license
plate collection as provided in chapter 46.17 RCW;
(g) Articles or wildlife sold by the director under this title;
(h) Compensation for damage to department property or wildlife
losses or contributions, gifts, or grants received under RCW 77.12.320.
However, this excludes fish and shellfish overages, and court-ordered
restitution or donations associated with any fish, shellfish, or
wildlife enforcement action, as such moneys must be deposited pursuant
to RCW 77.15.425;
(i) Excise tax on anadromous game fish collected under chapter
82.27 RCW;
(j) The department's share of revenues from auctions and raffles
authorized by the ((commission)) department;
(k) The sale of watchable wildlife decals under RCW 77.32.560; and
(l) ((Moneys received from the recreation access pass account
created in RCW 79A.80.090 must be dedicated to stewardship, operations,
and maintenance of department lands used for public recreation
purposes; and)) Donations received by the director under RCW 77.12.039.
(m)
(2) Moneys received from the recreation access pass account created
in section 6 of this act may only be used for the purposes identified
in section 6 of this act.
(3) State and county officers receiving any moneys listed in
subsection (1) of this section shall deposit them in the state treasury
to be credited to the state wildlife account.
Sec. 17 RCW 79A.05.070 and 2011 c 320 s 24 are each amended to
read as follows:
The ((commission)) department 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))
department for the purposes of this chapter. The ((commission))
department 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)) department 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)) department 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)) department shall specify;
(6) Charge ((such)) fees for services, utilities, and use of
facilities, except for facilities allowed to be accessed and used by
the holder of a discover pass or day use permit under chapter 79A.80
RCW, as the ((commission)) department shall deem proper. Unless deemed
inappropriate by the department, the department shall utilize unstaffed
collection stations to collect any fees or distribute any permits
necessary for access to state parks;
(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)) department 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 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)) department does not have power to supervise
directly any local park or recreation district, and no funds shall be
made available for such purpose.
Sec. 18 RCW 77.32.070 and 2008 c 244 s 1 are each amended to read
as follows:
(1) Applicants for a license, permit, tag, or stamp shall furnish
the information required by the director. However, the director may
not require the purchaser of a razor clam license under RCW 77.32.520,
a discover pass under section 2 of this act, or a day use permit under
section 3 of this act to provide any personal information except for,
when appropriate, proof of residency. The commission may adopt rules
requiring licensees or permittees to keep records and make reports
concerning the taking of or effort to harvest fish, shellfish, and
wildlife. The reporting requirement may be waived where, for any
reason, the department is not able to receive the report. The
department must provide reasonable options for a licensee to submit
information to a live operator prior to the reporting deadline.
(2) The commission may, by rule, set an administrative penalty for
failure to comply with rules requiring the reporting of taking or
effort to harvest wildlife. The commission may also adopt rules
requiring hunters who have not reported for the previous license year
to complete a report and pay the assessed administrative penalty before
a new hunting license is issued.
(a) The total administrative penalty per hunter set by the
commission must not exceed ten dollars.
(b) By December 31st of each year, the department shall report the
rate of hunter compliance with the harvest reporting requirement, the
administrative penalty imposed for failing to report, and the amount of
administrative penalties collected during that year to the appropriate
fiscal and policy committees of the senate and house of
representatives.
(3) The commission may, by rule, set an administrative penalty for
failure to comply with rules requiring the reporting of data from catch
record cards officially endorsed for Puget Sound Dungeness crab. The
commission may also adopt rules requiring fishers who possessed a catch
record card officially endorsed for Puget Sound Dungeness crab and who
have not reported for the previous license year to complete a report
and pay the assessed administrative penalty before a new catch record
card officially endorsed for Puget Sound Dungeness crab is issued.
(a) The total administrative penalty per fisher set by the
commission must not exceed ten dollars.
(b) By December 31st of each year, the department shall report the
rate of fisher compliance with the Puget Sound Dungeness crab catch
record card reporting requirement, the administrative penalty imposed
for failing to report, and the amount of administrative penalties
collected during that year to the appropriate fiscal and policy
committees of the senate and house of representatives.
Sec. 19 RCW 77.32.050 and 2011 c 339 s 5 are each amended to read
as follows:
(1) All recreational and commercial licenses, permits, tags,
stamps, and raffle tickets shall be issued under the authority of the
commission. The commission shall adopt rules for the issuance of
licenses, permits, tags, stamps, and raffle tickets, and for the
collection, payment, and handling of license fees, including terms and
conditions to govern dealers, and dealer fees. A transaction fee on
commercial and recreational documents issued through an automated
licensing system may be set by the commission and collected from
licensees. The department may authorize all or part of such fee to be
paid directly to a contractor providing automated licensing system
services. The department and dealers shall collect and retain dealer
fees of at least two dollars for purchase of a standard hunting or
fishing recreational license document or commercial license document,
except that the commission may set a lower dealer fee for issuance of
tags or when a licensee buys a license that involves a stamp or display
card format rather than a standard department licensing document form
or for purchases of a discover pass under section 2 of this act or a
day use permit under section 3 of this act. Dealer fees must be
uniform throughout the state.
(2) ((Until September 1, 2011, the department shall charge an
additional transaction fee of ten percent on all recreational licenses,
permits, tags, stamps, or raffle tickets. These transaction fees must
be deposited into the state wildlife account, created in RCW 77.12.170,
for funding fishing and hunting opportunities for recreational license
holders.)) The application fee is waived for all commercial license
documents that are issued through the automated licensing system.
(3)
Sec. 20 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:
(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 and distribute
discover passes and day use permits 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, 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 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:
(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 and distribute
discover passes and day use permits 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 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. 21 A new section is added to chapter 46.01 RCW
to read as follows:
The department of licensing may, in coordination with the state
parks and recreation department, offer for sale and distribute discover
passes and day use permits, as provided in chapter 79A.80 RCW, at
department driver 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
section 6 of this act.
Sec. 22 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 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:
(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 collect from a vehicle owner who pays a
vehicle license fee under RCW 46.17.350(1) (a), (d), (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 thousand pounds or less a voluntary
donation of five dollars to support Washington's state park system.
The donation may not be collected from any vehicle owner actively
opting not to participate in the donation program. The department
shall 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 RCW
79A.80.020)) the purchase price of a discover pass as established in
section 2 of this act. Purchase of the 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)) section 6
of this act. 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)) section 1 of this act, must deliver the
purchased discover pass to a motor vehicle owner.
NEW SECTION. Sec. 23 (1) A state agency may not refund money for
a discover pass or day use permit purchased prior to the effective date
of this section.
(2) Each pass or permit purchased 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, "discover pass" and "day use
permit" refer to the passes and permits defined in section 1 of this
act.
(4) This section expires December 31, 2013.
NEW SECTION. Sec. 24 A new section is added to chapter 79A.05
RCW to read as follows:
There is created an agency of state government to be known as the
state parks and recreation department with the duties and
responsibilities set forth in this title. The director of the
department must be appointed by the governor.
Sec. 25 RCW 79A.05.010 and 1999 c 249 s 101 are each amended to
read as follows:
The definitions in this section apply throughout this title unless
the context clearly requires otherwise.
(1) (("Commission")) "Department" means the state parks and
recreation ((commission)) department.
(2) (("Chair" means the member of the commission elected pursuant
to RCW 79A.05.025.)) "Director" and "director of the state parks and recreation
((
(3)commission)) department" mean the director of the state parks and
recreation department or the director's designee.
(((4))) (3) "Recreation" means those activities of a voluntary and
leisure time nature that aid in promoting entertainment, pleasure,
play, relaxation, or instruction.
(((5))) (4) "Natural forest" means a forest that faithfully
represents, or is meant to become representative of, its unaltered
state.
Sec. 26 RCW 79A.05.020 and 2011 c 171 s 114 are each amended to
read as follows:
In addition to whatever other duties may exist in law or be imposed
in the future, it is the duty of the ((commission)) director to:
(1) Implement integrated pest management practices and regulate
pests as required by RCW 17.15.020;
(2) Take steps necessary to control spartina and purple loosestrife
as required by RCW 17.26.020;
(3) Participate in the implementation of chapter 19.02 RCW;
(4) Coordinate planning and provide staffing and administrative
assistance to the Lewis and Clark trail committee as required by RCW
27.34.340;
(5) Administer those portions of chapter 46.10 RCW not dealing with
the registration of snowmobiles as required by RCW 46.10.370;
(6) Consult and participate in the scenic and recreational highway
system as required by chapter 47.39 RCW; and
(7) Develop, prepare, and distribute information relating to marine
oil recycling tanks and sewage holding tank pumping stations, in
cooperation with other departments, as required by chapter 88.02 RCW.
The ((commission)) director has the power reasonably necessary to
carry out these duties.
Sec. 27 RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are
each reenacted and amended to read as follows:
The ((commission)) director 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 policies, and adopt, issue, and enforce rules pertaining
to the use, care, and administration of state parks and parkways. The
((commission)) department 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 fifty years, and upon such conditions as
shall be approved by the ((commission)) department: PROVIDED, That
leases exceeding a twenty-year term shall require a unanimous vote of
the ((commission)) department: PROVIDED FURTHER, That if, during the
term of any concession or lease, it is the opinion of the
((commission)) department that it would be in the best interest of the
state, the ((commission)) department 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 79A.05.085, 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))
Department 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)) department, at its
discretion, may waive ((commission)) department fees otherwise
applicable to volunteers. The ((commission)) department 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)) department 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 subsection 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)) department 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.
(9) Within allowable resources, maintain policies that increase the
number of people who have access to free or low-cost recreational
opportunities for physical activity, including noncompetitive physical
activity.
(10) Adopt rules establishing the requirements for a criminal
history record information search for the following: Job applicants,
volunteers, and independent contractors who have unsupervised access to
children or vulnerable adults, or who will be responsible for
collecting or disbursing cash or processing credit/debit card
transactions. These background checks will be done through the
Washington state patrol criminal identification section and may include
a national check from the federal bureau of investigation, which shall
be through the submission of fingerprints. A permanent employee of the
((commission)) department, employed as of July 24, 2005, is exempt from
the provisions of this subsection.
Sec. 28 RCW 79A.05.035 and 1999 c 249 s 303 are each amended to
read as follows:
(1) The ((commission)) director shall:
(a) Manage timber and land under its jurisdiction to maintain and
enhance aesthetic and recreational values;
(b) Apply modern conservation practices to maintain and enhance
aesthetic, recreational, and ecological resources; and
(c) Designate and preserve certain forest areas throughout the
state as natural forests or natural areas for interpretation, study,
and preservation purposes.
(2) Trees may be removed from state parks:
(a) When hazardous to persons, property, or facilities;
(b) As part of a park maintenance or development project, or
conservation practice;
(c) As part of a road or utility easement; or
(d) When damaged by a catastrophic forest event.
(3) Tree removal under subsection (2) of this section shall be done
by ((commission)) department personnel, unless the personnel lack
necessary expertise. Except in emergencies and when feasible,
significant trees shall be removed only after they have been marked or
appraised by a professional forester. The removal of significant trees
from a natural forest may take place only after a public hearing has
been held, except in emergencies.
(4) When feasible, felled timber shall be left on the ground for
natural purposes or used for park purposes including, but not limited
to, building projects, trail mulching, and firewood. In natural forest
areas, first consideration shall be given to leaving timber on the
ground for natural purposes.
(5) The ((commission)) director may issue permits to individuals
under RCW 4.24.210 and 79A.05.090 for the removal of wood debris from
state parks for personal firewood use.
(6) Only timber that qualifies for cutting or removal under
subsection (2) of this section may be sold. Timber shall be sold only
when surplus to the needs of the park.
(7) Net revenue derived from timber sales shall be deposited in the
state parks renewal and stewardship account created in RCW 79A.05.215.
Sec. 29 RCW 79A.05.040 and 1999 c 249 s 401 are each amended to
read as follows:
In addition to other duties, the ((commission)) director may ((from
time to time impose, it is the duty of the director to)):
(1) Ensure the control of weeds in parks to the extent required by
RCW 17.04.160 and 17.10.205; and
(2) Participate in the operations of the environmental enhancement
and job creation task force under chapter 43.21J RCW.
The director has the power reasonably necessary to carry out these
duties.
Sec. 30 RCW 79A.05.045 and 1999 c 249 s 304 are each amended to
read as follows:
(1) The ((commission)) director shall provide waste reduction and
recycling information in each state park campground and day-use area.
(2) The ((commission)) director shall provide recycling receptacles
in the day-use and campground areas of at least forty state parks. The
receptacles shall be clearly marked for the disposal of at least two of
the following recyclable materials: Aluminum, glass, newspaper,
plastic, and tin. The ((commission)) department shall endeavor to
provide recycling receptacles in parks that are near urban centers or
in heavily used parks.
(3) The ((commission)) director shall provide daily maintenance of
such receptacles from April through September of each year.
(4) The ((commission)) director is authorized to enter into
agreements with any person, company, or nonprofit organization to
provide for the collection and transport of recyclable materials and
related activities under this section.
Sec. 31 RCW 79A.05.050 and 2002 c 175 s 52 are each amended to
read as follows:
(1) The ((commission)) director shall establish a policy and
procedures for supervising and evaluating community restitution
activities that may be imposed under RCW 70.93.060(3) including a
description of what constitutes satisfactory completion of community
restitution.
(2) The ((commission)) director shall inform each state park of the
policy and procedures regarding community restitution activities, and
each state park shall then notify the ((commission)) department as to
whether or not the park elects to participate in the community
restitution program. The ((commission)) department shall transmit a
list notifying the district courts of each state park that elects to
participate.
Sec. 32 RCW 79A.05.055 and 1997 c 137 s 1 are each amended to
read as follows:
The ((commission)) director may:
(1) Study and appraise parks and recreational needs of the state
and assemble and disseminate information relative to parks and
recreation;
(2) Make provisions for the publication and sale of interpretive,
recreational, and historical materials and literature. Proceeds from
such sales shall be directed to the parks improvement account; and
(3) Coordinate the parks and recreational functions of the various
state departments, and cooperate with state and federal agencies in the
promotion of parks and recreational opportunities.
Sec. 33 RCW 79A.05.060 and 1999 c 249 s 402 are each amended to
read as follows:
(1) The parks improvement account is hereby established in the
state treasury.
(2) The ((commission)) director shall deposit all moneys received
from the sale of interpretive, recreational, and historical literature
and materials in this account. Moneys in the account may be spent only
for development, production, and distribution costs associated with
literature and materials.
(3) Disbursements from the account shall be on the authority of the
director, or the director's designee. The account is subject to the
allotment procedure provided under chapter 43.88 RCW. No appropriation
is required for disbursement of moneys to be used for support of
further production of materials provided for in RCW 79A.05.055(2). The
director may transfer a portion of the moneys in this account to the
state parks renewal and stewardship account and may expend moneys so
transferred for any purpose provided for in RCW 79A.05.215.
Sec. 34 RCW 79A.05.065 and 2011 c 171 s 115 are each amended to
read as follows:
(1)(a) The ((commission)) director shall grant to any person who
meets the eligibility requirements specified in this section a senior
citizen's pass which shall: (i) Entitle such a person, and members of
his or her camping unit, to a fifty percent reduction in the campsite
rental fee prescribed by the ((commission)) department; and (ii)
entitle such a person to free admission to any state park.
(b) The ((commission)) director shall grant a senior citizen's pass
to any person who applies for the senior citizen's pass and who meets
the following requirements:
(i) The person is at least sixty-two years of age;
(ii) The person is a domiciliary of the state of Washington and
meets reasonable residency requirements prescribed by the
((commission)) director; and
(iii) The person and his or her spouse have a combined income that
would qualify the person for a property tax exemption pursuant to RCW
84.36.381. The financial eligibility requirements of this subsection
(1)(b)(iii) apply regardless of whether the applicant for a senior
citizen's pass owns taxable property or has obtained or applied for
such property tax exemption.
(c) Each senior citizen's pass granted pursuant to this section is
valid as long as the senior citizen meets the requirements of (b)(ii)
of this subsection. A senior citizen meeting the eligibility
requirements of this section may make a voluntary donation for the
upkeep and maintenance of state parks.
(d) A holder of a senior citizen's pass shall surrender the pass
upon request of a ((commission)) department employee when the employee
has reason to believe the holder fails to meet the criteria in (b) of
this subsection. The holder shall have the pass returned upon
providing proof to the satisfaction of the director that the holder
meets the eligibility criteria for obtaining the senior citizen's pass.
(2)(a) Any resident of Washington who is disabled as defined by the
social security administration and who receives social security
benefits for that disability, or any other benefits for that disability
from any other governmental or nongovernmental source, or who is
entitled to benefits for permanent disability under RCW
71A.10.020(((3))) (4) due to unemployability full time at the minimum
wage, or who is legally blind or profoundly deaf, or who has been
issued a card, decal, or special license plate for a permanent
disability under RCW 46.19.010 shall be entitled to receive, regardless
of age and upon making application therefor, a disability pass at no
cost to the holder. The pass shall: (i) Entitle such a person, and
members of his or her camping unit, to a fifty percent reduction in the
campsite rental fee prescribed by the ((commission)) director; and (ii)
entitle such a person to free admission to any state park.
(b) A card, decal, or special license plate issued for a permanent
disability under RCW 46.19.010 may serve as a pass for the holder to
entitle that person and members of the person's camping unit to a fifty
percent reduction in the campsite rental fee prescribed by the
((commission)) department, and to allow the holder free admission to
state parks.
(3) Any resident of Washington who is a veteran and has a service-connected disability of at least thirty percent shall be entitled to
receive a lifetime veteran's disability pass at no cost to the holder.
The pass shall: (a) Entitle such a person, and members of his or her
camping unit, to free use of any campsite within any state park; (b)
entitle such a person to free admission to any state park; and (c)
entitle such a person to an exemption from any reservation fees.
(4)(a) Any Washington state resident who provides out-of-home care
to a child, as either a licensed foster-family home or a person related
to the child, is entitled to a foster home pass.
(b) An applicant for a foster home pass must request a pass in the
manner required by the ((commission)) department. Upon receipt of a
properly submitted request, the ((commission)) department shall verify
with the department of social and health services that the applicant
qualifies under (a) of this subsection. Once issued, a foster home
pass is valid for the period, which may not be less than one year,
designated by the ((commission)) director.
(c) When accompanied by a child receiving out-of-home care from the
pass holder, a foster home pass: (i) Entitles such a person, and
members of his or her camping unit, to free use of any campsite within
any state park; and (ii) entitles such a person to free admission to
any state park.
(d) For the purposes of this subsection (4):
(i) "Out-of-home care" means placement in a foster-family home or
with a person related to the child under the authority of chapter
13.32A, 13.34, or 74.13 RCW;
(ii) "Foster-family home" has the same meaning as defined in RCW
74.15.020; and
(iii) "Person related to the child" means those persons referred to
in RCW 74.15.020(2)(a) (i) through (vi).
(5) All passes issued pursuant to this section are valid at all
parks any time during the year. However, the pass is not valid for
admission to concessionaire operated facilities.
(6) The ((commission)) director shall negotiate payment and costs,
to allow holders of a foster home pass free access and usage of park
campsites, with the following nonoperated, nonstate-owned parks:
Central Ferry, Chief Timothy, Crow Butte, and Lyons Ferry. The
((commission)) department shall seek state general fund reimbursement
on a biennial basis.
(7) The ((commission)) director may deny or revoke any Washington
state park pass issued under this section for cause, including but not
limited to the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction
from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or
park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application
for a state parks pass;
(f) Refusing to display or show the pass to park employees when
requested; or
(g) Failing to provide current eligibility information upon request
by the agency or when eligibility ceases or changes.
(8) This section shall not affect or otherwise impair the power of
the ((commission)) department to continue or discontinue any other
programs it has adopted for senior citizens.
(9) The ((commission)) director may engage in a mutually agreed
upon reciprocal or discounted program for all or specific pass programs
with other outdoor recreation agencies.
(10) The ((commission)) director shall adopt those rules as it
finds appropriate for the administration of this section. Among other
things, the rules shall prescribe a definition of "camping unit" which
will authorize a reasonable number of persons traveling with the person
having a pass to stay at the campsite rented by such a person, a
minimum Washington residency requirement for applicants for a senior
citizen's pass, and an application form to be completed by applicants
for a senior citizen's pass.
Sec. 35 RCW 79A.05.080 and 1965 c 8 s 43.51.062 are each amended
to read as follows:
The state parks and recreation ((commission)) department is hereby
authorized to lease the use of such areas in Mount Spokane state park,
Steptoe Butte state park, Kamiak Butte state park or any other state
park for television stations as the ((commission)) department may
decide are suitable for that purpose: PROVIDED, That this authority
shall not extend to school lands or lands held by the state of
Washington for educational purposes.
Sec. 36 RCW 79A.05.085 and 1974 ex.s. c 151 s 1 are each amended
to read as follows:
The ((commission)) director shall determine the fair market value
for television station leases based upon independent appraisals and
existing leases for television stations shall be extended at said fair
market rental for at least one period of not more than twenty years:
PROVIDED, That the rates in said leases shall be renegotiated at five
year intervals: PROVIDED FURTHER, That said stations shall permit the
attachment of antennae of publicly operated broadcast and microwave
stations where electronically practical to combine the towers:
PROVIDED FURTHER, That notwithstanding any term to the contrary in any
lease, this section shall not preclude the ((commission)) director from
prescribing new and reasonable lease terms relating to the
modification, placement or design of facilities operated by or for a
station, and any extension of a lease granted under this section shall
be subject to this proviso: PROVIDED FURTHER, That notwithstanding any
other provision of law the director in his discretion may waive any
requirement that any environmental impact statement or environmental
assessment be submitted as to any lease negotiated and signed between
January 1, 1974 and December 31, 1974.
Sec. 37 RCW 79A.05.090 and 1983 c 193 s 1 are each amended to
read as follows:
Persons over the age of sixty-five are exempt from any permit or
other administrative fee imposed by the ((commission)) director for the
collection of wood debris in state parks, if such wood is for personal
use.
Sec. 38 RCW 79A.05.095 and 1999 c 249 s 901 are each amended to
read as follows:
The ((commission)) department may receive and accept donations of
lands for state park purposes, and shall be responsible for the
management and control of all lands so acquired. It may from time to
time recommend to the legislature the acquisition of lands for park
purposes by purchase or condemnation.
Sec. 39 RCW 79A.05.100 and 1997 c 137 s 3 are each amended to
read as follows:
The ((commission)) department may receive in trust any money
donated or bequeathed to it, and carry out the terms of such donation
or bequest, or, in the absence of such terms, expend the same as it may
deem advisable for park or parkway purposes.
Money so received shall be deposited in the state parks renewal and
stewardship account.
Sec. 40 RCW 79A.05.105 and 1965 c 8 s 43.51.100 are each amended
to read as follows:
Inasmuch as the value of land with standing timber is increasing
and will continue to increase from year to year and no loss will be
caused to the common school fund or other fund into which the proceeds
of the sale of any land held by the state would be paid by postponing
the sale thereof, the commissioner of public lands may, upon his or her
own motion, and shall, when directed so to do by the ((state parks and
recreation commission)) department, withdraw from sale any land held by
the state abutting on any public highway and certify to the
((commission)) department that such land is withheld from sale pursuant
to the terms of this section.
Such lands shall not be sold until directed by the legislature, and
shall in the meantime be under the care, charge, control, and
supervision of the ((commission)) department.
Sec. 41 RCW 79A.05.110 and 1999 c 249 s 902 are each amended to
read as follows:
The commissioner of public lands may, upon his or her own motion,
and shall, when directed so to do by the ((commission)) department,
withdraw from sale any land held by the state and not acquired directly
from the United States with reservations as to the manner of sale
thereof and the purposes for which it may be sold, and certify to the
((commission)) department that such land is withheld from sale pursuant
to the terms of this section.
All such land shall be under the care, charge, control, and
supervision of the ((commission)) department, and after appraisal in
such manner as the ((commission)) department directs may be exchanged
for land of equal value, and to this end the ((chair and secretary of
the commission)) director may execute deeds of conveyance in the name
of the state.
Sec. 42 RCW 79A.05.115 and 2009 c 338 s 1 are each amended to
read as follows:
(1) The ((commission)) department shall develop and maintain a
cross-state trail facility with appropriate appurtenances.
(2) This section expires July 1, 2019, unless the department of
transportation enters into a franchise agreement for a rail line over
any of the portions of the Milwaukee Road corridor between Ellensburg
and Marengo by July 1, 2019.
Sec. 43 RCW 79A.05.120 and 2009 c 338 s 2 are each amended to
read as follows:
(1) To facilitate completion of a cross-state trail under the
management of the ((parks and recreation commission)) department,
management and control of lands known as the Milwaukee Road corridor
shall be transferred between state agencies as follows on the date a
franchise agreement is entered into for a rail line over portions of
the Milwaukee Road corridor:
(a) Portions owned by the state between Ellensburg and the Columbia
river that are managed by the ((parks and recreation commission))
department are transferred to the department of transportation;
(b) Portions owned by the state between the west side of the
Columbia river and Royal City Junction and between Warden and Lind that
are managed by the department of natural resources are transferred to
the department of transportation;
(c) Portions owned by the state between Lind and the Idaho border
that are managed by the department of natural resources are transferred
to the ((parks and recreation commission)) department as of June 7,
2006; and
(d) Portions owned by the state between Lind and Marengo are
transferred to the department of transportation.
(2) The department of natural resources may, by mutual agreement
with the ((parks and recreation commission)) department, transfer
management authority over portions of the Milwaukee Road corridor to
the ((state parks and recreation commission)) department, at any time
prior to the department of transportation entering into a franchise
agreement.
(3) This section expires July 1, 2019, and no transfers shall occur
unless the department of transportation enters into a franchise
agreement for a rail line over any of the portions of the Milwaukee
Road corridor between Ellensburg and Marengo by July 1, 2019.
Sec. 44 RCW 79A.05.125 and 2009 c 338 s 3 are each amended to
read as follows:
(1) The department of transportation shall negotiate one or more
franchises with rail carriers to establish and maintain a rail line
over portions of the Milwaukee Road corridor owned by the state between
Ellensburg and Marengo. The department of transportation may negotiate
such a franchise with any qualified rail carrier. Criteria for
negotiating the franchise and establishing the right-of-way include:
(a) Assurances that resources from the franchise will be sufficient
to compensate the state for use of the property, including completion
of a cross-state trail between Easton and the Idaho border;
(b) Types of payment for use of the franchise, including payment
for the use of federally granted trust lands in the transportation
corridor;
(c) Standards for maintenance of the line;
(d) Provisions ensuring that both the conventional and intermodal
rail service needs of local shippers are met. Such accommodations may
comprise agreements with the franchisee to offer or maintain adequate
service or to provide service by other carriers at commercially
reasonable rates;
(e) Provisions requiring the franchisee, upon reasonable request of
any other rail operator, to provide rail service and interchange
freight over what is commonly known as the Stampede Pass rail line from
Cle Elum to Auburn at commercially reasonable rates;
(f) If any part of the franchise agreement is invalidated by
actions or rulings of the federal surface transportation board or a
court of competent jurisdiction, the remaining portions of the
franchise agreement are not affected;
(g) Compliance with environmental standards; and
(h) Provisions for insurance and the coverage of liability.
(2) The franchise may provide for periodic review of financial
arrangements under the franchise.
(3) The department of transportation, in consultation with the
((parks and recreation commission)) department and the senate and house
transportation committees, shall negotiate the terms of the franchise,
and shall present the agreement to the ((parks and recreation
commission)) department for approval of as to terms and provisions
affecting the cross-state trail or affecting the ((commission))
department.
(4) This section expires July 1, 2019, unless the department of
transportation enters into a franchise agreement for a rail line over
any of the portions of the Milwaukee Road corridor between Ellensburg
and Marengo by July 1, 2019.
Sec. 45 RCW 79A.05.130 and 2009 c 338 s 4 are each amended to
read as follows:
(1) The cross-state trail account is created in the custody of the
state treasurer. Eleven million five hundred thousand dollars is
provided to the ((state parks and recreation commission)) department to
acquire, construct, and maintain a cross-state trail. This amount may
consist of: (a) Legislative appropriations intended for trail
development; (b) payments for the purchase of federally granted trust
lands; and (c) franchise fees derived from use of the rail corridor.
The legislature intends that any amounts provided from the
transportation fund are to be repaid to the transportation fund from
franchise fees.
(2) The department of transportation shall deposit franchise fees
from use of the rail corridor according to the following priority: (a)
To the department of transportation for actual costs incurred in
administering the franchise; (b) to the department of natural resources
as compensation for use of federally granted trust lands in the rail
corridor; (c) to the transportation fund to reimburse any amounts
transferred or appropriated from that fund by the legislature for trail
development; (d) to the cross-state trail account, not to exceed eleven
million five hundred thousand dollars, provided that this amount shall
be reduced proportionate with any funds transferred or appropriated by
the 1996 legislature or paid from franchise fees for the purchase of
federally granted trust lands or for trail development; and (e) the
remainder to the essential rail assistance account, created under RCW
47.76.250. Expenditures from the cross-state trail account may be used
only for the acquisition, development, operation, and maintenance of
the cross-state trail. Only the director of the ((state parks and
recreation commission)) department or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures.
(3) The ((commission)) department may acquire land from willing
sellers for the cross-state trail, but not by eminent domain.
(4) The ((commission)) department shall adopt rules describing the
cross-state trail.
(5) This section expires July 1, 2019, unless the department of
transportation enters into a franchise agreement for a rail line over
any of the portions of the Milwaukee Road corridor between Ellensburg
and Marengo by July 1, 2019.
Sec. 46 RCW 79A.05.140 and 1999 c 59 s 2 are each amended to read
as follows:
The ((state parks and recreation commission)) department 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. 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. 47 RCW 79A.05.145 and 1999 c 59 s 3 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)) department, describing the
lands proposed to be improved and stating the nature of the proposed
improvement.
Sec. 48 RCW 79A.05.150 and 1982 c 156 s 3 are each amended to
read as follows:
If the ((state parks and recreation commission)) department
determines that the proposed improvement will substantially alter a
park, parkway, or park land, it shall require the applicant to submit
detailed plans and specifications of the proposed improvement, which,
as submitted, or as modified by the ((state parks and recreation
commission)) department, shall be incorporated in the permit when
granted.
Sec. 49 RCW 79A.05.155 and 2000 c 11 s 31 are each amended to
read as follows:
If the ((commission)) department determines it necessary, the
applicant shall execute and file with the secretary of state a bond
payable to the state, in such penal sum as the ((commission))
department shall require, with good and sufficient sureties to be
approved by the ((commission)) department, conditioned that the grantee
of the permit will make the improvement in accordance with the plans
and specifications contained in the permit, and, in case the
improvement is made upon lands withdrawn from sale under the provisions
of RCW 79A.05.105, will pay into the state treasury to the credit of
the fund to which the proceeds of the sale of such lands would belong,
the appraised value of all merchantable timber and material on the
land, destroyed, or used in making such improvement.
Sec. 50 RCW 79A.05.160 and 2011 c 320 s 15 are each amended to
read as follows:
(1) The ((members of the commission)) director and ((its)) the
director's designated employees shall be vested with police powers to
enforce the laws of this state.
(2) The director may, under the provisions of RCW 7.84.140, enter
into an agreement allowing employees of the department of natural
resources and the department of fish and wildlife to enforce certain
civil infractions created under this title.
Sec. 51 RCW 79A.05.165 and 2007 c 441 s 2 are each amended to
read as follows:
(1) Every person is guilty of a misdemeanor who:
(a) Cuts, breaks, injures, destroys, takes, or removes any tree,
shrub, timber, plant, or natural object in any park or parkway except
in accordance with such rules as the ((commission)) department may
prescribe; or
(b) Kills, or pursues with intent to kill, any bird or animal in
any park or parkway except in accordance with a research pass, permit,
or other approval issued by the ((commission)) department, pursuant to
rule, for scientific research purposes; or
(c) Takes any fish from the waters of any park or parkway, except
in conformity with such general rules as the ((commission)) department
may prescribe; or
(d) Willfully mutilates, injures, defaces, or destroys any
guidepost, notice, tablet, fence, inclosure, or work for the protection
or ornamentation of any park or parkway; or
(e) Lights any fire upon any park or parkway, except in such places
as the ((commission)) department has authorized, or willfully or
carelessly permits any fire which he or she has lighted or which is
under his or her charge, to spread or extend to or burn any of the
shrubbery, trees, timber, ornaments, or improvements upon any park or
parkway, or leaves any campfire which he or she has lighted or which
has been left in his or her charge, unattended by a competent person,
without extinguishing it; or
(f) Places within any park or parkway or affixes to any object
therein contained, without a written license from the ((commission))
department, any word, character, or device designed to advertise any
business, profession, article, thing, exhibition, matter, or event.
(2)(a) Except as provided in (b) of this subsection, a person who
violates any rule adopted, promulgated, or issued by the ((commission))
department pursuant to the provisions of this chapter is guilty of a
misdemeanor.
(b) The ((commission)) department may specify by rule, when not
inconsistent with applicable statutes, that violation of the rule is an
infraction under chapter 7.84 RCW.
Sec. 52 RCW 79A.05.170 and 1991 sp.s. c 13 s 23 are each amended
to read as follows:
(1) Any lands owned by the ((state parks and recreation
commission)) department, which are determined to be surplus to the
needs of the state for development for state park purposes and which
the ((commission)) department proposes to deed to a local government or
other entity, shall be accompanied by a clause requiring that if the
land is not used for outdoor recreation purposes, ownership of the land
shall revert to the ((state parks and recreation commission))
department.
(2) The ((state parks and recreation commission)) department, in
cases where land subject to such a reversionary clause is proposed for
use or disposal for purposes other than recreation, shall require that,
if the land is surplus to the needs of the ((commission)) department
for park purposes at the time the ((commission)) department becomes
aware of its proposed use for nonrecreation purposes, the holder of the
land or property shall reimburse the ((commission)) department for the
release of the reversionary interest in the land. The reimbursement
shall be in the amount of the fair market value of the reversionary
interest as determined by a qualified appraiser agreeable to the
((commission)) department. Appraisal costs shall be borne by the local
entity which holds title to the land.
(3) Any funds generated under a reimbursement under this section
shall be deposited in the parkland acquisition account which is hereby
created in the state treasury. Moneys in this account are to be used
solely for the purchase or acquisition of property for use as state
park property by the ((commission)) department, as directed by the
legislature; all such funds shall be subject to legislative
appropriation.
Sec. 53 RCW 79A.05.175 and 2007 c 145 s 1 are each amended to
read as follows:
Whenever the ((commission)) department finds that any land under
its control cannot advantageously be used for park purposes, it is
authorized to dispose of such land by the method provided in this
section or by the method provided in RCW 79A.05.170. If such lands are
school or other grant lands, control thereof shall be relinquished by
resolution of the ((commission)) department to the proper state
officials. If such lands were acquired under restrictive conveyances
by which the state may hold them only so long as they are used for park
purposes, they may be returned to the donor or grantors by the
((commission)) department. All other such lands may be either sold by
the ((commission)) department to the highest bidder or exchanged for
other lands of equal value by the ((commission)) department, and all
conveyance documents shall be executed by the governor. All such
exchanges shall be accompanied by a transfer fee, to be set by the
((commission)) department and paid by the other party to the transfer;
such fee shall be paid into the parkland acquisition account
established under RCW 79A.05.170. The ((commission)) department may
accept sealed bids, electronic bids, or oral bids at auction. Bids on
all sales shall be solicited at least twenty days in advance of the
sale date by an advertisement appearing at least once a week for two
consecutive weeks in a newspaper of general circulation in the county
in which the land to be sold is located. If the ((commission))
department feels that no bid received adequately reflects the fair
value of the land to be sold, it may reject all bids, and may call for
new bids. All proceeds derived from the sale of such park property
shall be paid into the park land acquisition account. All land
considered for exchange shall be evaluated by the ((commission))
department to determine its adaptability to park usage. The equal
value of all lands exchanged shall first be determined by the
appraisals to the satisfaction of the ((commission)) department. No
sale or exchange of state park lands shall be made without the
unanimous consent of the ((commission)) department.
Sec. 54 RCW 79A.05.178 and 2000 c 42 s 1 are each amended to read
as follows:
(1) Notwithstanding any other provision of this chapter, the
((commission)) department may directly dispose of up to ten contiguous
acres of real property, without public auction, to resolve trespass,
property ownership disputes, and boundary adjustments with adjacent
private property owners. Real property to be disposed of under this
section may be disposed of only after appraisal and for at least fair
market value, and only if the transaction is in the best interest of
the state. The ((commission)) department shall cooperate with
potential purchasers to arrive at a mutually agreeable sales price. If
necessary, determination of fair market value may include the use of
separate independent appraisals by each party and the review of the
appraisals, as agreed upon by the parties. All conveyance documents
shall be executed by the governor. All proceeds from the disposal of
the property shall be paid into the park land acquisition account. No
disposal of real property may be made without the unanimous consent of
the ((commission)) department.
(2) Prior to the disposal of any real property under subsection (1)
of this section, the ((commission)) department shall hold a public
hearing on the proposal in the county where the real property, or the
greatest portion of the real property, is located. At least ten days,
but not more than twenty-five days, prior to the hearing, the
((commission)) department shall publish a paid public notice of
reasonable size in display advertising form, setting forth the date,
time, and place of the hearing, at least once in one or more daily
newspapers of general circulation in the county and at least once in
one or more weekly newspapers circulated in the area where the real
property is located. A news release concerning the public hearing must
be disseminated among print and electronic media in the area where the
real property is located. The public notice and news release shall
also identify the real property involved in the proposed disposal and
describe the purpose of the proposed disposal. A summary of the
testimony presented at the public hearing shall be prepared for the
((commission's)) department's consideration when reviewing the proposed
disposal of real property.
(3) If there is a failure to substantially comply with the
procedures set out under this section, then the agreement to dispose of
the real property is subject to being declared invalid by a court of
competent jurisdiction. Such a suit must be brought within one year of
the date of the real property disposal agreement.
Sec. 55 RCW 79A.05.180 and 1998 c 42 s 2 are each amended to read
as follows:
Before the director ((of parks and recreation presents a proposed))
proposes an exchange ((to the parks and recreation commission))
involving ((an exchange of)) state land pursuant to this chapter, the
director shall hold a public hearing on the proposal in the county
where the state lands or the greatest proportion thereof is located.
Ten days but not more than twenty-five days prior to such hearing, the
director shall publish a paid public notice of reasonable size in
display advertising form, setting forth the date, time, and place of
the hearing, at least once in one or more daily newspapers of general
circulation in the county and at least once in one or more weekly
newspapers circulated in the area where the state owned land is
located. A news release pertaining to the hearing shall be
disseminated among printed and electronic media in the area where the
state land is located. The public notice and news release also shall
identify lands involved in the proposed exchange and describe the
purposes of the exchange and proposed use of the lands involved. A
summary of the testimony presented at the hearings shall be prepared
for the ((commission's)) department's consideration when reviewing the
director's exchange proposal. If there is a failure to substantially
comply with the procedures set forth in this section, then the exchange
agreement shall be subject to being declared invalid by a court. Any
such suit must be brought within one year from the date of the exchange
agreement.
Sec. 56 RCW 79A.05.185 and 1999 c 249 s 904 are each amended to
read as follows:
To encourage the development of the Puget Sound country as a
recreational boating area, the ((commission)) department is authorized
to establish landing, launch ramp, and other facilities for small
pleasure boats at places on Puget Sound frequented by such boats and
where the ((commission)) department shall find such facilities will be
of greatest advantage to the users of pleasure boats. The
((commission)) department is authorized to acquire land or to make use
of lands belonging to the state for such purposes, and to construct the
necessary floats, launch ramp, and other desirable structures and to
make such further development of any area used in connection therewith
as in the judgment of the ((commission)) department is best calculated
to facilitate the public enjoyment thereof.
Sec. 57 RCW 79A.05.190 and 1997 c 150 s 2 are each amended to
read as follows:
(1) By September 1, 1997, the ((commission)) department shall
increase the area available for use by recreational metal detectors by
at least two hundred acres.
(2) Beginning September 1, 1998, and each year thereafter until
August 31, 2003, the ((commission)) department shall increase the area
of land available for use by recreational metal detectors by at least
fifty acres.
Sec. 58 RCW 79A.05.195 and 1999 c 249 s 905 are each amended to
read as follows:
(1) The ((commission)) department shall develop a cost-effective
plan to identify historic archaeological resources in at least one
state park containing a military fort located in Puget Sound. The plan
shall include the use of a professional archaeologist and volunteer
citizens.
(2) Any park land that is made available for use by recreational
metal detectors under this section shall count toward the requirements
established in RCW 79A.05.190.
Sec. 59 RCW 79A.05.200 and 2000 c 11 s 32 are each amended to
read as follows:
The powers, functions, and duties heretofore exercised by the
department of fish and wildlife, or its director, respecting the
management, control, and operation of the following enumerated
tidelands, which are presently suitable for public recreational use,
are hereby transferred to the ((parks and recreation commission))
department which shall also have respecting such tidelands all the
powers conferred by this chapter, as now or hereafter amended,
respecting parks and parkways:
Parcel No. 1. (Toandos Peninsula) The tidelands of the second
class, owned by the state of Washington, situate in front of, adjacent
to, or abutting upon lots 1, 2, and 3, section 5, lots 1, 2, and 3,
section 4, and lot 1, section 3, all in township 25 north, range 1
west, W.M., with a frontage of 158.41 lineal chains, more or less.
Parcel No. 2. (Shine) The tidelands of the second class, owned by
the state of Washington, situate in front of, adjacent to, or abutting
upon lots 1, 2, 3 and that portion of lot 4 lying north of the south
8.35 chains thereof as measured along the government meander line, all
in section 35, township 28 north, range 1 east, W.M., with a frontage
of 76.70 lineal chains, more or less.
Subject to an easement for right-of-way for county road granted to
Jefferson county December 8, 1941 under application No. 1731, records
of department of public lands.
Parcel No. 3. (Mud Bay - Lopez Island) The tidelands of the second
class, owned by the state of Washington situate in front of, adjacent
to, or abutting upon lots 5, 6 and 7, section 18, lot 5, section 7 and
lots 3, 4, and 5, section 8, all in township 34 north, range 1 west,
W.M., with a frontage of 172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in front of
said lot 3, section 8 conveyed through deeds issued April 14, 1909
pursuant to the provisions of chapter 24, Laws of 1895 under
application No. 4985, records of department of public lands.
Parcel No. 4. (Spencer Spit) The tidelands of the second class,
owned by the state of Washington, situate in front of, adjacent to, or
abutting upon lots 1, 3, and 4, section 7, and lot 5, section 18 all in
township 35 north, range 1 west, W.M., with a frontage of 118.80 lineal
chains, more or less.
Parcel No. 5. (Lilliwaup) The tidelands of the second class, owned
by the state of Washington, lying easterly of the east line of vacated
state oyster reserve plat No. 133 produced southerly and situate in
front of, adjacent to or abutting upon lot 9, section 30, lot 8,
section 19 and lot 5 and the south 20 acres of lot 4, section 20, all
in township 23 north, range 3 west, W.M., with a frontage of 62.46
lineal chains, more or less.
Sec. 60 RCW 79A.05.205 and 2000 c 11 s 33 are each amended to
read as follows:
The ((state parks and recreation commission)) department may take
appropriate action to provide public and private access, including
roads and docks, to and from the tidelands described in RCW 79A.05.200.
Sec. 61 RCW 79A.05.210 and 1999 c 249 s 906 are each amended to
read as follows:
(1) The department of natural resources and the ((commission))
department shall have authority to negotiate sales to the
((commission)) department, for park and outdoor recreation purposes, of
trust lands at fair market value.
(2) The department of natural resources and the ((commission))
department shall negotiate a sale to the ((commission)) department of
the lands and timber thereon identified in the joint study under
section 4, chapter 163, Laws of 1985, and commonly referred to as the
Point Lawrence trust property, San Juan county — on the extreme east
point of Orcas Island. Timber conservation and management practices
provided for in RCW 79A.05.035 and 79A.05.305 shall govern the
management of land and timber transferred under this subsection as of
the effective date of the transfer, upon payment for the property, and
nothing in this chapter shall be construed as restricting or otherwise
modifying the department of natural resources' management, control, or
use of such land and timber until such date.
Sec. 62 RCW 79A.05.220 and 1987 c 466 s 3 are each amended to
read as follows:
The ((parks and recreation commission)) department and the
department of natural resources may periodically conduct a joint review
of trust lands managed by the department of natural resources to
identify those parcels which may be appropriate for transfer to the
((commission)) department for public recreation purposes.
Sec. 63 RCW 79A.05.225 and 2011 c 320 s 25 and 2011 c 171 s 116
are each reenacted and amended to read as follows:
(1) In addition to its other powers, duties, and functions the
((commission)) department may:
(a) Plan, construct, and maintain suitable facilities for winter
recreational activities on lands administered or acquired by the
((commission)) department or as authorized on lands administered by
other public agencies or private landowners by agreement;
(b) Provide and issue upon payment of the proper fee, under RCW
79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such
authorized agents as may be necessary for the convenience of the
public, special permits to park in designated winter recreational area
parking spaces;
(c) Administer the snow removal operations for all designated
winter recreational area parking spaces; and
(d) Compile, publish, and distribute maps indicating such parking
spaces, adjacent trails, and areas and facilities suitable for winter
recreational activities.
(2) The ((commission)) department must require the winter
recreation program and its services to be self-supported solely through
permit fees, gifts, grants, donations, and other revenues dedicated to
the winter recreational program account in RCW 79A.05.235 and the
snowmobile account in RCW ((46.10.075)) 46.68.350.
(3) The ((commission)) department may contract with any public or
private agency for the actual conduct of such duties, but shall remain
responsible for the proper administration thereof. The ((commission))
department is not liable for unintentional injuries to users of lands
administered for winter recreation purposes under this section or under
RCW 46.10.370, whether the lands are administered by the ((commission))
department, by other public agencies, or by private landowners through
agreement with the ((commission)) department. Nothing in this section
prevents the liability of the ((commission)) department for injuries
sustained by a user by reason of a known dangerous artificial latent
condition for which warning signs have not been conspicuously posted.
A road covered with snow and groomed for the purposes of winter
recreation consistent with this chapter and chapter 46.10 RCW shall not
be presumed to be a known dangerous artificial latent condition for the
purposes of this chapter.
Sec. 64 RCW 79A.05.230 and 1990 c 49 s 3 are each amended to read
as follows:
The fee for the issuance of special winter recreational area
parking permits shall be determined by the ((commission)) department
after consultation with the winter recreation advisory committee. If
the person making application therefor is also the owner of a
snowmobile registered pursuant to chapter 46.10 RCW, there shall be no
fee for the issuance of an annual permit. All special winter
recreational area parking permits shall commence and expire on the
dates established by the ((commission)) department.
Sec. 65 RCW 79A.05.240 and 1982 c 11 s 4 are each amended to read
as follows:
The ((commission)) department may, after consultation with the
winter recreation advisory committee, adopt rules ((and regulations))
prohibiting or restricting overnight parking at any special state
winter recreational parking areas owned or administered by it. Where
such special state winter recreational parking areas are administered
by the ((commission)) department pursuant to an agreement with other
public agencies, such agreement may provide for prohibition or
restriction of overnight parking.
Sec. 66 RCW 79A.05.250 and 2000 c 11 s 34 are each amended to
read as follows:
The ((commission)) department may adopt such rules as are necessary
to implement and enforce RCW 79A.05.225 through 79A.05.240 and
46.61.585 after consultation with the winter recreation advisory
committee.
Sec. 67 RCW 79A.05.255 and 2000 c 48 s 1 and 2000 c 11 s 35 are
each reenacted and amended to read as follows:
(1) There is created a winter recreation advisory committee to
advise the ((parks and recreation commission)) department in the
administration of this chapter and to assist and advise the
((commission)) department in the development of winter recreation
facilities and programs.
(2) The committee shall consist of:
(a) Six representatives of the nonsnowmobiling winter recreation
public appointed by the ((commission)) director, including a resident
of each of the six geographical areas of this state where
nonsnowmobiling winter recreation activity occurs, as defined by the
((commission)) department.
(b) Three representatives of the snowmobiling public appointed by
the ((commission)) director.
(c) One representative of the department of natural resources, one
representative of the department of fish and wildlife, and one
representative of the Washington state association of counties, each of
whom shall be appointed by the director of the particular department or
association.
(3) The terms of the members appointed under subsection (2)(a) and
(b) of this section shall begin on October 1st of the year of
appointment and shall be for three years or until a successor is
appointed, except in the case of appointments to fill vacancies for the
remainder of the unexpired term: PROVIDED, That the first of these
members shall be appointed for terms as follows: Three members shall
be appointed for one year, three members shall be appointed for two
years, and three members shall be appointed for three years.
(4) Members of the committee shall be reimbursed from the winter
recreational program account created by RCW 79A.05.235 for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The committee shall meet at times and places it determines not
less than twice each year and additionally as required by the committee
chair or by majority vote of the committee. The chair of the committee
shall be chosen under procedures adopted by the committee. The
committee shall adopt any other procedures necessary to govern its
proceedings.
(6) The director of parks and recreation or the director's designee
shall serve as secretary to the committee and shall be a nonvoting
member.
Sec. 68 RCW 79A.05.280 and 1977 ex.s. c 281 s 4 are each amended
to read as follows:
The ((parks and recreation commission)) department is authorized to
accept grants or moneys from any federal or private source for support
of hostels. The ((commission)) department at its discretion is
directed to apportion and transfer any such moneys to contracting
agencies or political subdivisions which operate hostels: PROVIDED,
That the ((commission)) department shall establish rules and
regulations for the operation of hostels which are substantially
similar to the operating standards and customs established by the
American Youth Hostels Incorporated.
Sec. 69 RCW 79A.05.285 and 1999 c 249 s 907 are each amended to
read as follows:
The ((commission)) department is authorized to evaluate and acquire
land under RCW ((79.01.612)) 79.10.030 in cooperation with the
department of natural resources.
Sec. 70 RCW 79A.05.290 and 1999 c 249 s 908 are each amended to
read as follows:
The ((commission)) department may select land held by the
department of natural resources for acquisition under RCW 79A.50.010 et
seq.
Sec. 71 RCW 79A.05.300 and 2000 c 11 s 37 are each amended to
read as follows:
For the reasons specified in RCW 79A.25.250, the ((state parks and
recreation commission)) department shall place a high priority on the
establishment of urban area state parks and shall revise its plan for
future state parks to achieve this priority. This section shall be
implemented by January 1, 1981.
Sec. 72 RCW 79A.05.310 and 1998 c 245 s 66 are each amended to
read as follows:
The ((state parks and recreation commission)) department shall:
(1) Coordinate a statewide program of boating safety education
using to the maximum extent possible existing programs offered by the
United States power squadron and the United States coast guard
auxiliary;
(2) Adopt rules in accordance with chapter 34.05 RCW, consistent
with United States coast guard regulations, standards, and precedents,
as needed for the efficient administration and enforcement of this
section;
(3) Enter into agreements aiding the administration of this
chapter;
(4) Adopt and administer a casualty and accident reporting program
consistent with United States coast guard regulations;
(5) Adopt and enforce recreational boating safety rules, including
but not necessarily limited to equipment and navigating requirements,
consistent with United States coast guard regulations;
(6) Coordinate with local and state agencies the development of
biennial plans and programs for the enhancement of boating safety,
safety education, and enforcement of safety rules and laws; allocate
money appropriated to the ((commission)) department for these programs
as necessary; and accept and administer any public or private grants or
federal funds which are obtained for these purposes under chapter 43.88
RCW; and
(7) Take additional actions necessary to gain acceptance of a
program of boating safety for this state under the federal boating
safety act of 1971.
Sec. 73 RCW 79A.05.315 and 1989 c 129 s 1 are each amended to
read as follows:
Management control of the portion of the Milwaukee Road corridor,
beginning at the western terminus near Easton and concluding at the
west end of the bridge structure over the Columbia river, which point
is located in section 34, township 16 north, range 23 east, W.M.,
inclusive of the northerly spur line therefrom, shall be transferred by
the department of natural resources to the ((state parks and recreation
commission)) department at no cost to the ((commission)) department.
Sec. 74 RCW 79A.05.320 and 2000 c 11 s 39 are each amended to
read as follows:
The ((state parks and recreation commission)) department shall do
the following with respect to the portion of the Milwaukee Road
corridor under its control:
(1) Manage the corridor as a recreational trail except when closed
under RCW 79A.05.325;
(2) Close the corridor to hunting;
(3) Close the corridor to all motorized vehicles except: (a)
Emergency or law enforcement vehicles; (b) vehicles necessary for
access to utility lines; and (c) vehicles necessary for maintenance of
the corridor, or construction of the trail;
(4) Comply with legally enforceable conditions contained in the
deeds for the corridor;
(5) Control weeds under the applicable provisions of chapters
17.04, 17.06, and 17.10 RCW; and
(6) Clean and maintain culverts.
Sec. 75 RCW 79A.05.325 and 1989 c 129 s 3 are each amended to
read as follows:
The ((state parks and recreation commission)) department may do the
following with respect to the portion of the Milwaukee Road corridor
under its control:
(1) Enter into agreements to allow the realignment or modification
of public roads, farm crossings, water conveyance facilities, and other
utility crossings;
(2) Regulate activities and restrict uses, including, but not
limited to, closing portions of the corridor to reduce fire danger or
protect public safety;
(3) Place hazard warning signs and close hazardous structures;
(4) Renegotiate deed restrictions upon agreement with affected
parties; and
(5) Approve and process the sale or exchange of lands or easements
if such a sale or exchange will not adversely affect the recreational
potential of the corridor; and
(6) Manage the portion of the Milwaukee Road corridor lying between
the eastern corporate limits of the city of Kittitas and the eastern
end of the corridor under ((commission)) department control for
recreational access limited to holders of permits issued by the
((commission)) department. The ((commission)) department shall, for
the purpose of issuing permits for corridor use, adopt rules necessary
for the orderly and safe use of the corridor and the protection of
adjoining landowners, which may include restrictions on the total
numbers of permits issued, numbers in a permitted group, and periods
during which the corridor is available for permitted users. The
((commission)) department may increase recreational management of this
portion of the corridor and eliminate the permit system as it
determines in its discretion based upon available funding and other
resources.
Sec. 76 RCW 79A.05.330 and 1984 c 174 s 5 are each amended to
read as follows:
The ((state parks and recreation commission)) department shall
identify opportunities and encourage volunteer work, private
contributions, and support from tax-exempt foundations to develop,
operate, and maintain the recreation trail on the portion of the
Milwaukee Road under its control.
Sec. 77 RCW 79A.05.335 and 1991 c 107 s 1 are each amended to
read as follows:
The legislature finds that the lands owned and managed by the
((state parks and recreation commission)) department are a significant
collection of valuable natural, historical, and cultural resources for
the citizens of Washington state. The legislature further finds that
if citizens understand and appreciate the state park ecological
resources, they will come to appreciate and understand the ecosystems
and natural resources throughout the state. Therefore, the ((state
parks and recreation commission)) department may increase the use of
its facilities and resources to provide environmental interpretation
throughout the state parks system.
Sec. 78 RCW 79A.05.340 and 1991 c 107 s 2 are each amended to
read as follows:
The ((state parks and recreation commission)) department may
provide environmental interpretative activities for visitors to state
parks that:
(1) Explain the functions, history, and cultural aspects of
ecosystems;
(2) Explain the relationship between human needs, human behaviors
and attitudes, and the environment; and
(3) Offer experiences and information to increase citizen
appreciation and stewardship of the environment and its multiple uses.
Sec. 79 RCW 79A.05.345 and 1991 c 107 s 3 are each amended to
read as follows:
The ((state parks and recreation commission)) department may
consult and enter into agreements with and solicit assistance from
private sector organizations and other governmental agencies that are
interested in conserving and interpreting Washington's environment.
The ((commission)) department shall not permit commercial advertising
in state park lands or interpretive centers as a condition of such
agreements. Logos or credit lines for sponsoring organizations may be
permitted. The ((commission)) department shall maintain an accounting
of all monetary gifts provided, and expenditures of monetary gifts
shall not be used to increase personnel.
Sec. 80 RCW 79A.05.351 and 2007 c 176 s 2 are each amended to
read as follows:
(1) The outdoor education and recreation grant program is hereby
created, subject to the availability of funds in the outdoor education
and recreation account. The ((commission)) department shall establish
and implement the program by rule to provide opportunities for public
agencies, private nonprofit organizations, formal school programs,
nonformal after-school programs, and community-based programs to
receive grants from the account. Programs that provide outdoor
education opportunities to schools shall be fully aligned with the
state's essential academic learning requirements.
(2) The program shall be phased in beginning with the schools and
students with the greatest needs in suburban, rural, and urban areas of
the state. The program shall focus on students who qualify for free
and reduced-price lunch, who are most likely to fail academically, or
who have the greatest potential to drop out of school.
(3) The director shall set priorities and develop criteria for the
awarding of grants to outdoor environmental, ecological, agricultural,
or other natural resource-based education and recreation programs
considering at least the following:
(a) Programs that contribute to the reduction of academic failure
and dropout rates;
(b) Programs that make use of research-based, effective
environmental, ecological, agricultural, or other natural resource-based education curriculum;
(c) Programs that contribute to healthy life styles through outdoor
recreation and sound nutrition;
(d) Various Washington state parks as venues and use of the
((commission's)) department's personnel as a resource;
(e) Programs that maximize the number of participants that can be
served;
(f) Programs that will commit matching and in-kind resources;
(g) Programs that create partnerships with public and private
entities;
(h) Programs that provide students with opportunities to directly
experience and understand nature and the natural world; and
(i) Programs that include ongoing program evaluation, assessment,
and reporting of their effectiveness.
(4) The director shall create an advisory committee to assist and
advise the ((commission)) director in the development and
administration of the outdoor education and recreation program. The
director should solicit representation on the committee from the office
of the superintendent of public instruction, the department of fish and
wildlife, the business community, outdoor organizations with an
interest in education, and any others the ((commission)) department
deems sufficient to ensure a cross section of stakeholders. When the
director creates such an advisory committee, its members shall be
reimbursed from the outdoor education and recreation program account
for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) The outdoor education and recreation program account is created
in the custody of the state treasurer. Funds deposited in the outdoor
education and recreation program account shall be transferred only to
the ((commission)) department to be used solely for the
((commission's)) department's outdoor education and recreation program
purposes identified in this section including the administration of the
program. The director may accept gifts, grants, donations, or moneys
from any source for deposit in the outdoor education and recreation
program account. Any public agency in this state may develop and
implement outdoor education and recreation programs. The director may
make grants to public agencies and contract with any public or private
agency or person to develop and implement outdoor education and
recreation programs. The outdoor education and recreation program
account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures.
Sec. 81 RCW 79A.05.355 and 1993 c 267 s 1 are each amended to
read as follows:
The ((state parks and recreation commission)) department shall act
as the lead agency for the establishment of underwater parks in state
waters and for environmental reviews of projects necessary to establish
underwater parks. The ((commission)) department may enter into
interagency agreements to facilitate timely receipt of necessary
permits from other state agencies and local governments.
Sec. 82 RCW 79A.05.360 and 1999 c 249 s 1301 are each amended to
read as follows:
The ((commission)) department may establish a system of underwater
parks to provide for diverse recreational diving opportunities and to
conserve and protect unique marine resources of the state of
Washington. In establishing and maintaining an underwater park system,
the ((commission)) department may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management agreements with other
units of state government for the management of lands, tidelands, and
bedlands as underwater parks;
(3) Construct artificial reefs and other underwater features to
enhance marine life and recreational uses of an underwater park;
(4) Accept gifts and donations for the benefit of underwater parks;
(5) Facilitate private efforts to construct artificial reefs and
underwater parks;
(6) Work with the federal government, local governments and other
appropriate agencies of state government, including but not limited to:
The department of natural resources, the department of fish and
wildlife and the natural heritage council to carry out the purposes of
this chapter; and
(7) Contract with other state agencies or local governments for the
management of an underwater park unit.
Sec. 83 RCW 79A.05.370 and 1993 c 267 s 4 are each amended to
read as follows:
In establishing an underwater park system, the ((commission))
department shall seek to create diverse recreational opportunities in
areas throughout Washington state. The ((commission)) department shall
place a high priority upon creating units that possess unique or
diverse marine life or underwater natural or artificial features such
as shipwrecks.
Sec. 84 RCW 79A.05.375 and 1993 c 267 s 5 are each amended to
read as follows:
The ((commission)) department is not liable for unintentional
injuries to users of underwater parks, whether the facilities are
administered by the ((commission)) department or by another entity or
person. However, nothing in this section prevents the liability of the
((commission)) department for injuries sustained by a user by reason of
a known dangerous artificial latent condition for which warning signs
have not been conspicuously posted.
Sec. 85 RCW 79A.05.380 and 2003 c 338 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)) department. The
legislature recognizes that the effort to develop water trail sites is
a continuing need and that the ((commission)) department 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. 86 RCW 79A.05.385 and 2003 c 338 s 2 and 2003 c 126 s 601
are each reenacted and amended to read as follows:
In addition to its other powers, duties, and functions, the
((commission)) department may:
(1) Plan, construct, and maintain suitable facilities for water
trail activities on lands administered or acquired by the
((commission)) department or as authorized on lands administered by
tribes or other public agencies or private landowners by agreement.
(2) Compile, publish, distribute, and charge a fee for maps or
other forms of public information indicating areas and facilities
suitable for water trail activities.
(3) Contract with a public agency, private entity, or person for
the actual conduct of these duties.
(4) Work with individuals or organizations who wish to volunteer
their time to support the water trail recreation program.
(5) Provide expertise and consultation to individuals, agencies,
and organizations in the continued development of water trail sites in
this state.
Sec. 87 RCW 79A.05.390 and 1993 c 182 s 3 are each amended to
read as follows:
The ((commission)) department may make water trail program grants
to public agencies or tribal governments and may contract with any
public agency, tribal government, entity, or person to develop and
implement water trail programs.
Sec. 88 RCW 79A.05.395 and 1993 c 182 s 4 are each amended to
read as follows:
The ((commission)) department is not liable for unintentional
injuries to users of facilities administered for water trail purposes
under this chapter, whether the facilities are administered by the
((commission)) department or by any other entity or person. However,
nothing in this section prevents the liability of the ((commission))
department for injuries sustained by a user by reason of a known
dangerous artificial latent condition for which warning signs have not
been conspicuously posted.
Sec. 89 RCW 79A.05.410 and 2003 c 338 s 3 are each amended to
read as follows:
The ((commission)) department may adopt rules to administer the
water trail program and facilities on areas owned or administered by
the ((commission)) department. 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)) department is not responsible or liable
for enforcement of these alternative rules.
Sec. 90 RCW 79A.05.415 and 1993 c 182 s 8 are each amended to
read as follows:
Violation of the provisions of the ((commission's)) department's
rules governing the use of water trail facilities and property shall
constitute a civil infraction, punishable as provided under chapter
7.84 RCW.
Sec. 91 RCW 79A.05.545 and 2011 c 20 s 14 are each amended to
read as follows:
The ((commission)) department shall cooperate, when appropriate, as
a partner in the Washington conservation corps established in chapter
43.220 RCW.
Sec. 92 RCW 79A.05.610 and 2000 c 11 s 46 are each amended to
read as follows:
Except as otherwise provided in RCW 79A.05.600 through 79A.05.630,
the Washington State Seashore Conservation Area shall be under the
jurisdiction of the ((Washington state parks and recreation
commission)) department, which shall administer RCW 79A.05.600 through
79A.05.630 in accordance with the powers granted it herein and under
the appropriate provisions of this chapter.
Sec. 93 RCW 79A.05.615 and 2000 c 11 s 47 are each amended to
read as follows:
The ((Washington state parks and recreation commission)) department
shall administer the Washington State Seashore Conservation Area in
harmony with the broad principles set forth in RCW 79A.05.600. Where
feasible, the area shall be preserved in its present state; everywhere
it shall be maintained in the best possible condition for public use.
All forms of public outdoor recreation shall be permitted and
encouraged in the area, unless specifically excluded or limited by the
((commission)) department. While the primary purpose in the
establishment of the area is to preserve the coastal beaches for public
recreation, other uses shall be allowed as provided in RCW 79A.05.600
through 79A.05.630, or when found not inconsistent with public
recreational use by the ((Washington state parks and recreation
commission)) department.
Sec. 94 RCW 79A.05.620 and 2000 c 11 s 48 are each amended to
read as follows:
In administering the Washington State Seashore Conservation Area,
the ((Washington state parks and recreation commission)) department
shall seek the cooperation and assistance of federal agencies, other
state agencies, and local political subdivisions. All state agencies,
and the governing officials of each local subdivision shall cooperate
with the ((commission)) department in carrying out its duties. Except
as otherwise provided in RCW 79A.05.600 through 79A.05.630, and
notwithstanding any other provision of law, other state agencies and
local subdivisions shall perform duties in the Washington State
Seashore Conservation Area which are within their normal jurisdiction,
except when such performance clearly conflicts with the purposes of RCW
79A.05.600 through 79A.05.630.
Sec. 95 RCW 79A.05.630 and 2011 c 184 s 1 are each amended to
read as follows:
Lands within the Seashore Conservation Area shall not be sold,
leased, or otherwise disposed of, except as provided in this section.
(1) The ((commission)) department may, under authority granted in
RCW 79A.05.175 and 79A.05.180, exchange state park lands in the
Seashore Conservation Area for lands of equal value to be managed by
the ((commission)) department consistent with this chapter. Only state
park lands lying east of the Seashore Conservation Line, as it is
located at the time of exchange, may be so exchanged.
(2) The ((commission)) department may, under authority granted in
RCW 79A.05.178, directly dispose of up to five contiguous acres of real
property, without public auction, to resolve trespass, property
ownership disputes, and boundary adjustments with adjacent property
owners. Real property to be disposed of under this subsection may be
disposed of only after appraisal and for at least fair market value,
and only if the transaction is in the best interest of the state. All
conveyance documents shall be executed by the governor. All proceeds
from the disposal of the property shall be paid into the parkland
acquisition account and proceeds received pursuant to any sale under
this subsection shall be reinvested in real property located inside or
within one mile of the Seashore Conservation Area.
(3) The department of natural resources may lease the lands within
the Washington State Seashore Conservation Area as well as the accreted
lands along the ocean in state ownership for the exploration and
production of oil and gas except that oil drilling rigs and equipment
shall not be placed on the Seashore Conservation Area or state-owned
accreted lands.
Sale of sand from accretions shall be made to supply the needs of
cranberry growers for cranberry bogs in the vicinity and shall not be
prohibited if found by the ((commission)) department to be reasonable,
and not generally harmful or destructive to the character of the land.
The ((commission)) department may grant leases and permits for the
removal of sands for construction purposes from any lands within the
Seashore Conservation Area if found by the ((commission)) department to
be reasonable and not generally harmful or destructive to the character
of the land. Net income from such leases shall be deposited in the
state parks renewal and stewardship account.
Sec. 96 RCW 79A.05.650 and 2000 c 11 s 54 are each amended to
read as follows:
(1) Except as provided in RCW 79A.05.655 and 79A.05.660, a total of
forty percent of the length of the beach subject to the recreation
management plan shall be reserved for pedestrian use under this section
and RCW 79A.05.665. Restrictions on motorized traffic under this
section shall be from April 15th to the day following Labor day of each
year. Local jurisdictions may adopt provisions within recreation
management plans that exceed the requirements of this section. The
((commission)) department shall not require that a plan designate for
pedestrian use more than forty percent of the land subject to the plan.
(2) In designating areas to be reserved for pedestrian use, the
plan shall consider the following:
(a) Public safety;
(b) Statewide interest in recreational use of the ocean beaches;
(c) Protection of shorebird and marine mammal habitats;
(d) Preservation of native beach vegetation;
(e) Protection of sand dune topography;
(f) Prudent management of clam beds;
(g) Economic impacts to the local community; and
(h) Public access and parking availability.
Sec. 97 RCW 79A.05.665 and 2000 c 11 s 56 are each amended to
read as follows:
Recreation management plans shall, upon request of the
((commission)) department, reserve on a permanent, seasonal, or
temporary basis, land adjoining national wildlife refuges and state
parks for pedestrian use. After a plan is approved, the ((commission))
department may require local jurisdictions to adopt amendments to the
plan governing driving on land adjoining wildlife refuges and state
parks. Land reserved for pedestrian use under this section for at
least the period from April 15th through the day following Labor Day of
each year shall be included when determining compliance with the
requirements of RCW 79A.05.650.
Sec. 98 RCW 79A.05.670 and 1999 c 249 s 1102 are each amended to
read as follows:
In preparing, adopting, or approving a recreation management plan,
local jurisdictions and the ((commission)) department shall consult
with the department of fish and wildlife and the United States fish and
wildlife service.
Sec. 99 RCW 79A.05.685 and 2000 c 11 s 57 are each amended to
read as follows:
Recreation management plans shall be adopted by each participating
jurisdiction and submitted to the ((commission)) department by
September 1, 1989. The ((commission)) department shall approve the
proposed plan if, in the ((commission's)) department's judgment, the
plan adequately fulfills the requirements of RCW 79A.05.600 through
79A.05.695.
If the proposed plan is not approved, the ((commission)) department
shall suggest modifications to the participating local governments.
Local governments shall have ninety days after receiving the suggested
modifications to resubmit a recreation management plan. Thereafter, if
the ((commission)) department finds that a plan does not adequately
fulfill the requirements of RCW 79A.05.600 through 79A.05.695, the
((commission)) department may amend the proposal or adopt an
alternative plan.
If a plan for all or any portion of the Seashore Conservation Area
is not submitted in accordance with RCW 79A.05.635 through 79A.05.695,
the ((commission)) department shall adopt a recreation management plan
for that site.
Administrative rules adopted by the ((commission)) department under
RCW 43.51.680 shall remain in effect for all or any portion of each
ocean beach until a recreation management plan for that site is adopted
or approved by the ((commission)) department.
The ((commission)) department shall not adopt a recreation
management plan for all or any portion of an ocean beach while appeal
of a ((commission)) department decision regarding that site is pending.
Sec. 100 RCW 79A.05.688 and 1999 c 249 s 1103 are each amended to
read as follows:
Any individual, partnership, corporation, association,
organization, cooperative, local government, or state agency aggrieved
by a decision of the ((commission)) department under this chapter may
appeal under chapter 34.05 RCW.
Sec. 101 RCW 79A.05.690 and 1988 c 75 s 13 are each amended to
read as follows:
The ((commission)) department shall cooperate with state and local
law enforcement agencies in meeting the need for law enforcement within
the Seashore Conservation Area.
Sec. 102 RCW 79A.05.695 and 2000 c 11 s 59 are each amended to
read as follows:
Amendments to the recreation management plan may be adopted jointly
by each local government participating in the plan and submitted to the
((commission)) department for approval. The ((commission)) department
shall approve a proposed amendment if, in the ((commission's))
department's judgment, the amendment adequately fulfills the
requirements of RCW 79A.05.600 through 79A.05.695.
After a plan is approved, the ((commission)) department may require
local jurisdictions to adopt amendments to the plan if the
((commission)) department finds that such amendments are necessary to
protect public health and safety, or to protect significant natural
resources as determined by the agency having jurisdiction over the
resource.
Sec. 103 RCW 79A.05.705 and 1969 ex.s. c 162 s 2 are each amended
to read as follows:
There is hereby created a Washington state parks and recreation
((commission)) department conservation area to be known as "Green River
Gorge conservation area."
Sec. 104 RCW 79A.05.710 and 1969 ex.s. c 162 s 3 are each amended
to read as follows:
In addition to all other powers and duties prescribed by law, the
((state parks and recreation commission)) department is authorized and
directed to acquire such real property, easements, or rights in the
Green River Gorge in King county, together with such real property,
easements, and rights as is necessary for such park and conservation
purposes in any manner authorized by law for the acquisition of lands
for parks and parkway purposes. Except for such real property as is
necessary and convenient for development of picnicking or camping areas
and their related facilities, it is the intent of this section that
such property shall be acquired to preserve, as much as possible, the
gorge within the canyon rim in its natural pristine state.
Sec. 105 RCW 79A.05.715 and 1969 ex.s. c 162 s 4 are each amended
to read as follows:
Nothing herein shall be construed as authorizing or directing the
((state parks and recreation commission)) department to acquire any
real property, easements, or rights in the Green River Gorge in King
county which are now held by any state agency for the purposes of
outdoor recreation, conservation, fish, or wildlife management or
public hunting or fishing without the approval of such agency.
Sec. 106 RCW 79A.05.735 and 2000 c 11 s 60 are each amended to
read as follows:
The state department of natural resources and the ((state parks and
recreation commission)) department have joined together in excellent
cooperation in the conducting of this study along with the citizen
advisory subcommittee and have joined together in cooperation with the
department of fish and wildlife to accomplish other projects of
multidisciplinary concern, and because it may be in the best interests
of the state to continue such cooperation, the state parks and
recreation ((commission)) department, the department of natural
resources, and the department of fish and wildlife are hereby directed
to consider both short and long term objectives, the expertise of each
agency's staff, and alternatives such as reasonably may be expected to
safeguard the conservation area's values as described in RCW 79A.05.725
giving due regard to efficiency and economy of management: PROVIDED,
That the interests conveyed to or by the state agencies identified in
this section shall be managed by the department of natural resources
until such time as the ((state parks and recreation commission))
department or other public agency is managing public recreation areas
and facilities located in such close proximity to the conservation area
described in RCW 79A.05.730 so as to make combined management of those
areas and facilities and transfer of management of the conservation
area more efficient and economical than continued management by the
department of natural resources. At that time the department of
natural resources is directed to negotiate with the appropriate public
agency for the transfer of those management responsibilities for the
interests obtained within the conservation area under RCW 79A.05.725
through 79A.05.745: PROVIDED FURTHER, That the state agencies
identified in this section may, by mutual agreement, undertake
management of portions of the conservation area as they may from time
to time determine in accordance with those rules and regulations
established for natural area preserves under chapter 79.70 RCW, for
natural and conservation areas under present WAC 352-16-020(3) and (6),
and under chapter 77.12 RCW.
Sec. 107 RCW 79A.05.780 and 2000 c 11 s 63 are each amended to
read as follows:
The ((Washington state parks and recreation commission)) department
is directed to consult with the Yakima county commissioners in the
acquisition, development, and operation of the Yakima river
conservation area in accordance with the purposes of RCW 79A.05.750
through 79A.05.795 and the Yakima river study authorized in section
170, chapter 269, Laws of 1975, first extraordinary session.
NEW SECTION. Sec. 108 Sections 1 through 9 of this act are each
added to chapter
NEW SECTION. Sec. 109 The following acts or parts of acts are
each repealed:
(1) RCW 79A.80.010 (Definitions) and 2011 c 320 s 2;
(2) RCW 79A.80.020 (Discover pass) and 2011 c 320 s 3;
(3) RCW 79A.80.030 (Day-use permit) and 2011 c 320 s 4;
(4) RCW 79A.80.040 (Vehicle access pass) and 2011 c 320 s 5;
(5) RCW 79A.80.050 (Valid camper registration/annual natural
investment permit -- Commission may provide free entry to state parks)
and 2011 c 320 s 6;
(6) RCW 79A.80.060 (Sno-park seasonal permit) and 2011 c 320 s 7;
(7) RCW 79A.80.070 (Short-term parking) and 2011 c 320 s 8;
(8) RCW 79A.80.080 (Pass/permit requirements--Penalty) and 2011 c
320 s 9;
(9) RCW 79A.80.090 (Recreation access pass account) and 2011 c 320
s 10;
(10) RCW 79A.05.015 (Commission created -- Composition -- Compensation
and expenses) and 1999 c 249 s 201, 1984 c 287 s 82, 1975-'76 2nd ex.s.
c 34 s 116, 1969 ex.s. c 31 s 1, 1965 ex.s. c 132 s 1, & 1965 c 8 s
43.51.020;
(11) RCW 79A.05.025 (Chair -- Meetings -- Quorum) and 1999 c 249 s 202
& 1965 c 8 s 43.51.030; and
(12) RCW 79A.05.075 (Delegation of commission's powers and duties
to director) and 1999 c 249 s 306 & 1969 ex.s. c 31 s 2.