BILL REQ. #: H-1695.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to promoting a balanced financing system for state parks programs and services in order to facilitate resource stewardship, interpretative activities, cultural events, and works of art in state parks; amending RCW 79A.05.065, 79A.05.335, 79A.05.340, 79A.05.345, 79A.70.005, 79A.70.010, 79A.70.020, 79A.70.030, and 79A.70.040; adding new sections to chapter 79A.05 RCW; and repealing RCW 79A.70.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 79A.05 RCW
to read as follows:
By August 1st of each even-numbered year, and in compliance with
RCW 43.01.036, the office of financial management must consult with the
director and deliver a report to the fiscal committees of the house of
representatives and the senate. The report must present a detailed
forecast of the fiscal opportunity cost incurred by the commission in
complying with the fee reductions and exemptions provided in RCW
79A.05.065 for the upcoming fiscal biennium.
Sec. 2 RCW 79A.05.065 and 2011 c 171 s 115 are each amended to
read as follows:
(1)(a) The commission 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; and (ii) entitle such a person to free
admission to any state park.
(b) The commission 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;
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 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; 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, 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. Upon receipt of a properly
submitted request, the commission 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.
(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 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 shall
seek state general fund reimbursement on a biennial basis for the
fiscal opportunity cost incurred by the commission in complying with
the fee reductions and exemptions provided in this section. The amount
of state general fund moneys requested for this purpose may not exceed
the total amount identified in the report to the legislature required
under section 1 of this act. However, nothing in this section
prohibits the commission from also seeking general fund contributions
for other state parks needs.
(7) The commission 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 to continue or discontinue any other programs it has
adopted for senior citizens.
(9) The commission 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 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. 3 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 are a significant collection
of valuable natural, cultural, and 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)) natural,
cultural, and historical resources present in Washington's state parks,
they will be inspired to conserve this important legacy for future
generations. Therefore, the ((state parks and recreation)) commission
may ((increase the)) use ((of)) its facilities and resources to provide
((environmental)) natural, cultural, or historical resource
interpretation throughout the state parks system.
Sec. 4 RCW 79A.05.340 and 1991 c 107 s 2 are each amended to read
as follows:
The ((state parks and recreation)) commission may provide
((environmental interpretative)) natural, cultural, or historical
resource interpretive activities for visitors to state parks that:
(1) Explain the functions, history, significance, and cultural
aspects of ecosystems;
(2) Explain the relationship between human needs, human behaviors
and attitudes, and the environment; ((and))
(3) Explain the diverse human heritage and cultural changes over
time in Washington state;
(4) Offer experiences and information to increase citizen
understanding, appreciation, and stewardship of ((the environment and
its multiple uses)) their natural and cultural heritage;
(5) Protect natural, cultural, or historical resources from the
impacts of human activities; or
(6) Increase awareness, appreciation, and enjoyment of the state's
ethnic and cultural heritage and contemporary works of art.
Sec. 5 RCW 79A.05.345 and 1991 c 107 s 3 are each amended to read
as follows:
The ((state parks and recreation)) commission 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
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 shall maintain an accounting of all monetary gifts provided,
and expenditures of monetary gifts shall not be used to increase
personnel)) the state parks foundation, private sector individuals,
organizations, businesses, employee business units, other public
agencies, and tribes that are interested in stewarding and interpreting
state parks natural, cultural, scenic, and recreational resources.
NEW SECTION. Sec. 6 A new section is added to chapter 79A.05 RCW
to read as follows:
(1) The commission may enter into an agreement regarding the
transfer of park management responsibilities with an entity listed in
RCW 79A.05.345 only if the entity has demonstrated:
(a) It has an adequate source of available funding to assume the
financial responsibilities of the agreement;
(b) It has broad support within the local community to undertake
the management responsibilities of the agreement; and
(c) It has sufficient experience successfully managing projects of
similar size and scope to the responsibilities of the agreement.
(2) The commission may not enter into any management transfer
agreement that provides for the commission to fund, reimburse,
subsidize, or contribute to an entity's operating costs. This does not
restrict the commission's ability to fund or contribute to any capital
development, improvement, or facility maintenance projects.
(3) Any management transfer agreement must include terms for an
initial trial period, no longer than one year, that contain specific
performance measures the entity must meet before the agreement may be
extended beyond a year. Performance measures may include, but are not
limited to the entity's ability: To manage financial operating costs,
to adequately perform management responsibilities, and to address and
respond to community concerns. The agreement may provide that failure
to meet any performance measure may lead to the termination of the
contract or remedial action taken before the agreement may be extended.
Sec. 7 RCW 79A.70.005 and 2000 c 25 s 1 are each amended to read
as follows:
The legislature finds that:
(1) State parks are a valuable asset to the people of the state of
Washington, contributing to their health, education, and well-being;
(2) Well maintained state parks are an attraction and contribute
significantly to the economic well-being of the state of Washington;
(3) Well maintained state parks encourage the appreciation of the
natural resources and natural beauty of the state of Washington;
(4) There is an increasing demand for more state parks and more
state parks services;
(5) There are individuals and groups who desire to contribute to
the continued vitality of the state parks system;
(6) Providing a tax-deductible method for individuals and groups to
contribute is an effective way of increasing available funds to improve
the state parks system; and
(7) It is in the public interest to create a nonprofit foundation
to provide such a method for individuals and groups to contribute to
the preservation, restoration, ((and)) enhancement, and operation of
the state parks system.
Sec. 8 RCW 79A.70.010 and 2000 c 25 s 2 are each amended to read
as follows:
The purpose of the Washington state parks ((gift)) foundation is to
solicit support ((for the state parks system, cooperate with other
organizations, and to encourage gifts to support and improve the state
parks)), build constituencies, engage in public outreach, cooperate
with other organizations, and encourage gifts and private sponsorship
activities to support operation, acquisition, and improvement of state
parks. The foundation shall take the lead role in soliciting,
recognizing, and cultivating enduring relationships with private donors
and sponsors.
Sec. 9 RCW 79A.70.020 and 2000 c 25 s 3 are each amended to read
as follows:
The definitions in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "Foundation" means the Washington state parks ((gift))
foundation((,)) created in RCW 79A.70.030.
(2) "State parks" means that system of parks administered by the
commission under this title.
(3) "Eligible grant recipients" includes any and all of the
activities of the commission in carrying out the provisions of this
title and friends groups or other cooperating associations established
solely for the benefit of state parks.
(4) "Eligible projects" means any project, action, program, or part
of any project ((or)), action, or program that serves to preserve,
restore, improve, ((or)) enhance ((the)), or otherwise contribute to
the operation of state parks.
Sec. 10 RCW 79A.70.030 and 2000 c 25 s 4 are each amended to read
as follows:
(1) By September 1, 2000, the commission shall file articles of
incorporation in accordance with the Washington nonprofit corporation
act, chapter 24.03 RCW, to establish the Washington state parks
((gift)) foundation. The foundation shall not be an agency,
instrumentality, or political subdivision of the state and shall not
disburse public funds.
(2) The foundation shall have a board of directors consisting of up
to fifteen members((. Initial members of the board shall be appointed
by the governor and collectively have experience in business,
charitable giving, outdoor recreation, and parks administration.
Initial appointments shall be made by September 30, 2000. Subsequent
board members shall be elected by the general membership of the
foundation.)), whose terms,
method of appointment, and authority must be in accordance with the
Washington nonprofit corporation act, chapter 24.03 RCW.
(3) Members of the board shall serve three-year terms, except for
the initial terms, which shall be staggered by the governor to achieve
a balanced mix of terms on the board. Members of the board may serve
up to a maximum of three terms. At the end of a term, a member may
continue to serve until a successor has been elected
Sec. 11 RCW 79A.70.040 and 2000 c 25 s 5 are each amended to read
as follows:
(1) ((As soon as practicable, the board of directors shall organize
themselves and the foundation suitably to carry out the duties of the
foundation, including achieving federal tax-exempt status.)) The foundation shall actively solicit contributions from
individuals and groups for the benefit of the state parks. The
foundation shall coordinate with the commission and take the lead role
in appropriately thanking, recognizing, and inviting donors to further
support operation, acquisition, and improvement of state parks and
other purposes of this chapter.
(2)
(((3))) (2) The foundation shall develop criteria jointly with the
agency director for guiding ((themselves)) the foundation in either the
creation of an endowment, or the making of grants to eligible grant
recipients and eligible projects in the state parks, or both.
(((4))) (3) A competitive grant process shall be conducted at least
annually by the foundation to award funds ((to the)) for the benefit of
state parks. Competitive grant applications shall only be submitted to
the foundation by the commission, friends groups, or other cooperating
associations established for the benefit of state parks. ((The process
shall be started as soon as practicable.)) Grants shall be awarded to
eligible projects consistent with the criteria developed jointly by the
foundation and ((shall be available only for state parks use on
eligible projects)) the agency director.
NEW SECTION. Sec. 12 RCW 79A.70.050 (Foundation moneys not to
supplant preexisting funding) and 2000 c 25 s 6 are each repealed.