BILL REQ. #:  Z-0291.1 

Read first time 01/29/13.   Referred to Committee on Community Development, Housing & Tribal Affairs.

     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 a new section 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.

Sec. 6   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. 7   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. 8   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. 9   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.
     (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)), whose terms, method of appointment, and authority must be in accordance with the Washington nonprofit corporation act, chapter 24.03 RCW.

Sec. 10   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.
     (2))) 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.
     (((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. 11   RCW 79A.70.050 (Foundation moneys not to supplant preexisting funding) and 2000 c 25 s 6 are each repealed.