BILL REQ. #:  H-2947.1 

Prefiled 01/07/14. Read first time 01/13/14.   Referred to Committee on Appropriations Subcommittee on General Government & Information Technology.

     AN ACT Relating to waiving the penalty for failure to comply with the display requirements for the discover pass, day-use permit, or vehicle access pass; and amending RCW 79A.80.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 79A.80.080 and 2013 2nd sp.s. c 15 s 3 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:
     (a) Operating on any recreation site or lands; or
     (b) Parking at 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;
     (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;
     (c) On department of fish and wildlife lands only, for persons possessing a current vehicle access pass pursuant to RCW 79A.80.040; or
     (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.
     (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.
     (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.
     (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.
     (6) A penalty assessed under subsection (5) of this section must be waived by the court if an individual provides proof that he or she possessed a discover pass, vehicle access pass, or day-use permit that was valid at the time of the infraction and the appropriate pass or permit had been activated for the motor vehicle cited in the notice of infraction. If the court waives the penalty assessed under subsection (5) of this section, it may assess court administrative costs of up to twenty-five dollars.