SSB 5897 -
By Senators Hargrove, Pearson
ADOPTED 06/23/2013
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 79A.80.020 and 2012 c 261 s 2 are each amended to
read as follows:
(1) Except as otherwise provided in ((RCW 79A.80.050, 79A.80.060,
and 79A.80.070)) this chapter, a discover pass is required for any
motor vehicle to:
(a) Park ((or operate on)) at any recreation site or lands((,
except for short-term parking as may be authorized under RCW
79A.80.070)); or
(b) Operate on any recreation site or lands.
(2) Except as provided in section 4 of this act, the cost of a
discover pass is thirty dollars. Every four years the office of
financial management must review the cost of the discover pass and, if
necessary, recommend to the legislature an adjustment to the cost of
the discover pass to account for inflation.
(3) A discover pass is valid for one year beginning from the date
that the discover pass is marked for activation. The activation date
may differ from the purchase date pursuant to any policies developed by
the agencies.
(4) Sales of discover passes must be consistent with RCW
79A.80.100.
(5) The discover pass must contain space for two motor vehicle
license plate numbers. A discover pass is valid only for those vehicle
license plate numbers written on the pass. However, the agencies may
offer for sale a family discover pass that is fully transferable among
vehicles and does not require the placement of a license plate number
on the pass to be valid. The agencies must collectively set a price
for the sale of a family discover pass that is no more than fifty
dollars. A discover pass is valid only for use with one motor vehicle
at any one time.
(6) One complimentary discover pass must be provided to a volunteer
who performed twenty-four hours of service on agency-sanctioned
volunteer projects in a year. The agency must provide vouchers to
volunteers identifying the number of volunteer hours they have provided
for each project. The vouchers may be brought to an agency to be
redeemed for a discover pass.
Sec. 2 RCW 79A.80.030 and 2012 c 261 s 3 are each amended to read
as follows:
(1) A person may purchase a day-use permit to meet the requirements
of RCW 79A.80.080. Except as provided in section 4 of this act, a day-use permit is ten dollars per day and must be available for purchase
from each agency. A day-use permit is valid for one calendar day.
(2) The agencies may provide short-term parking under RCW
79A.80.070 where a day-use permit is not required.
(3) Every four years the office of financial management must review
the cost of the day-use permit and, if necessary, recommend to the
legislature an adjustment to the cost of the day-use permit to account
for inflation.
(4) Sales of day-use permits must be consistent with RCW
79A.80.100.
Sec. 3 RCW 79A.80.080 and 2012 c 261 s 7 are each amended to read
as follows:
(1) A discover pass, vehicle access pass, or day-use permit must be
visibly displayed in the front windshield, or otherwise in a prominent
location for motor vehicles without a windshield, of any motor vehicle
((or otherwise in a prominent location for vehicles without a
windshield)):
(a) Operating on ((a)) any recreation site or lands; or
(b) Parking at ((a)) any recreation site or lands.
(2) The discover pass, the vehicle access pass, or the day-use
permit is not required:
(a) 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) The discover pass, the vehicle access pass, or the day-use
permit is not required for:
(a)
(b) For persons who use, possess, or enter lands owned or managed
by the agencies for nonrecreational purposes consistent with a written
authorization from the agency, including but not limited to leases,
contracts, and easements; ((or)) (c) On department of fish and wildlife lands only, for
persons possessing a current vehicle access pass pursuant to RCW
79A.80.040; or
(b)
(d) When operating on a road managed by the department of natural
resources or the department of fish and wildlife, including a forest or
land management road, that is not blocked by a gate.
(((4))) (3)(a) An agency may waive the requirements of this section
for any person who has secured the ability to access specific
recreational land through the provision of monetary consideration to
the agency or for any person attending an event or function that
required the provision of monetary compensation to the agency.
(b) Special events and group activities are core recreational
activities and major public service opportunities within state parks.
When waiving the requirements of this section for special events, the
state parks and recreation commission must consider the direct and
indirect costs and benefits to the state, local market rental rates,
the public service functions of the event sponsor, and other public
interest factors when setting appropriate fees for each event or
activity.
(((5))) (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 motor vehicle
that fails to comply with subsection (1)(b) of this section.
(((6))) (5) The penalty for failure to comply with the requirements
of this section is ninety-nine dollars. This penalty must be 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. 4 A new section is added to chapter 79A.80 RCW
to read as follows:
(1) By mutual agreement, the agencies may sell discounted discover
passes at a rate below that established under RCW 79A.80.020 or
discounted day-use permits at a rate below that established under RCW
79A.80.030 for purposes of bulk sales to retailers, agency license and
permit product bundling, and partnership opportunities to expand
accessibility and visibility of the discover pass and recreational
opportunities on agency-managed lands.
(2) In exercising this authority, the agencies must prioritize
opportunities for discounted sales that result in a net revenue gain.
Sec. 5 RCW 82.19.040 and 2001 c 118 s 6 are each amended to read
as follows:
(1) To the extent applicable, all of the definitions of chapter
82.04 RCW and all of the provisions of chapter 82.32 RCW apply to the
tax imposed in this chapter.
(2) Taxes collected under this chapter shall be ((deposited in))
distributed as follows: (a) Five million dollars per fiscal year must
be deposited in equal monthly amounts to the state parks renewal and
stewardship account under RCW 79A.05.215; and (b) the remainder to the
waste reduction, recycling, and litter control account under RCW
70.93.180.
Sec. 6 RCW 70.93.180 and 2011 1st sp.s. c 50 s 963 are each
amended to read as follows:
(1) There is hereby created an account within the state treasury to
be known as the "waste reduction, recycling, and litter control
account". Moneys in the account may be spent only after appropriation.
Expenditures from the waste reduction, recycling, and litter control
account shall be used as follows:
(a) Fifty percent to the department of ecology, for use by the
departments of ecology, natural resources, revenue, transportation, and
corrections, and the parks and recreation commission, for use in litter
collection programs, to be distributed under RCW 70.93.220. The amount
to the department of ecology shall also be used for a central
coordination function for litter control efforts statewide, for the
biennial litter survey under RCW 70.93.200(8), and for statewide public
awareness programs under RCW 70.93.200(7). The amount to the
department shall also be used to defray the costs of administering the
funding, coordination, and oversight of local government programs for
waste reduction, litter control, and recycling, so that local
governments can apply one hundred percent of their funding to achieving
program goals. The amount to the department of revenue shall be used
to enforce compliance with the litter tax imposed in chapter 82.19 RCW;
(b) Twenty percent to the department for local government funding
programs for waste reduction, litter control, and recycling activities
by cities and counties under RCW 70.93.250, to be administered by the
department of ecology; and
(c) Thirty percent to the department of ecology for waste reduction
and recycling efforts.
(2) All ((taxes imposed in RCW 82.19.010)) moneys directed to the
waste reduction, recycling, and litter control account under RCW
82.19.040 and fines and bail forfeitures collected or received pursuant
to this chapter shall be deposited in the ((waste reduction, recycling,
and litter control)) account and used for the programs under subsection
(1) of this section.
(3) Not less than five percent and no more than ten percent of the
amount appropriated into the waste reduction, recycling, and litter
control account every biennium shall be reserved for capital needs,
including the purchase of vehicles for transporting crews and for
collecting litter and solid waste. Capital funds shall be distributed
among state agencies and local governments according to the same
criteria provided in RCW 70.93.220 for the remainder of the funds, so
that the most effective waste reduction, litter control, and recycling
programs receive the most funding. The intent of this subsection is to
provide funds for the purchase of equipment that will enable the
department to account for the greatest return on investment in terms of
reaching a zero litter goal.
(((4) During the 2009-2011 fiscal biennium, the legislature may
transfer from the waste reduction, recycling, and litter control
account to the state general fund such amounts as reflect the excess
fund balance of the account. Additionally, during the 2009-2011 fiscal
biennium, subsection (1)(a), (b), and (c) of this section is suspended.))
(5) During the 2011-2013 fiscal biennium, the legislature may
transfer from the waste reduction, recycling, and litter control
account to the state general fund such amounts as reflect the excess
fund balance of the account. Additionally, during the 2011-2013 fiscal
biennium, subsection (1)(a), (b), and (c) of this section is
suspended.
Sec. 7 RCW 79A.05.215 and 2011 c 320 s 22 are each amended to
read as follows:
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)) and amounts received
under RCW 82.19.040 may only be used for the purpose of operating and
maintaining state parks. 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. Expenditures from the account may be made only
after appropriation by the legislature.
NEW SECTION. Sec. 8 Sections 5 through 7 of this act expire June
30, 2017.
NEW SECTION. Sec. 9 Sections 5 through 7 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2013."
SSB 5897 -
By Senators Hargrove, Pearson
ADOPTED 06/23/2013
On page 1, line 1 of the title, after "parks;" strike the remainder of the title and insert "amending RCW 79A.80.020, 79A.80.030, 79A.80.080, 82.19.040, 70.93.180, and 79A.05.215; adding a new section to chapter 79A.80 RCW; providing an effective date; providing an expiration date; and declaring an emergency."
EFFECT: Removes all language from the underlying bill except provisions: (1) Allowing a person to operate a motor vehicle on roads managed by the department of natural resources and department of fish and wildlife without a discover pass, as long as the road is not blocked by a gate; (2) authorizing discount discover pass sales for purposes of bulk sales to retailers, bundling with agency licenses, and to facilitate certain partnership opportunities; and (3) providing five million dollars per fiscal year in litter tax revenue for state park operation and maintenance until June 30, 2017.