H-1899              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 973

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Rust, Jacobsen and Allen)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to outdoor recreation; amending RCW 46.09.020, 46.09.030, 46.09.070, 46.09.080, 46.09.110, 46.09.130, 46.09.170, 46.09.240, and 46.09.250; adding new sections to chapter 46.09 RCW; creating a new section; repealing RCW 46.09.060, 46.09.090, 46.09.260, and 46.09.270; and making appropriations.

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

        Sec. 1.  Section 7, chapter 47, Laws of 1971 ex. sess. as last amended by section 129, chapter 158, Laws of 1979 and RCW 46.09.020 are each amended to read as follows:

          As used in this chapter the following words and phrases ((shall)) have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:

          "Person" ((shall)) means any individual, firm, partnership, association, or corporation.

          "Nonhighway vehicle" ((shall)) means any self-propelled vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof:  Land, water, snow, ice, marsh, swampland, and other natural terrain.  Such vehicles ((shall)) include but are not limited to, off-road vehicles, two or four-wheel drive vehicles, motorcycles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

          Nonhighway vehicle does not include:

          (1) Any vehicle designed primarily for travel on, over, or in the water;

          (2) Snowmobiles or any military vehicles; or

          (3) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under chapter 82.36 RCW while an exemption or rebate is claimed.  This exemption includes but is not limited to farm, construction, and logging vehicles.

          "Off-road vehicle" or "ORV" means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof:  Land, water, snow, ice, marsh, swampland and other natural terrain.

          "ORV use permit" ((shall)) means the permit system established for off-road vehicles in this state under this chapter.

          "ORV trail" ((shall)) means a corridor designated and maintained for recreational travel by off-road vehicles ((which)) that is not normally suitable for travel by conventional two-wheel drive vehicles and where it is posted or designated by the managing authority of the property that the trail traverses as permitting ORV travel.

          "ORV use area" means the entire area of a parcel of land except for camping and approved buffer areas where it is posted or designated for ORV use in accordance with rules adopted by the managing authority.

          "Owner" ((shall)) means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

          "Operator" means each person who operates, or is in physical control of, any nonhighway vehicle.

          (("ORV moneys" shall mean those moneys derived from motor vehicle excise taxes on fuel used and purchased for providing the motive power for nonhighway vehicles as described in RCW 46.09.150, ORV use permit fees, and ORV dealer permit fees, provided these moneys are:

          (1) Credited to the outdoor recreation account; or

          (2) Credited to the ORV account for user education or for acquisition, planning, development, maintenance, and management of designated off-road vehicle trails and areas.))

          "Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.

          "Department" ((shall)) means the department of licensing.

          (("Director" shall mean the director of licensing.

          "Committee" shall mean the interagency committee for outdoor recreation.))

          "Hunt" ((shall)) means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird.

          "Nonhighway road" ((shall)) means any road open to the public other than a highway generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and ((which are private roads or controlled and maintained by the department of natural resources, the state parks and recreation commission and the state game department:  PROVIDED, That such roads)) that are not built or maintained ((by)) with appropriations from the motor vehicle fund.

          "Highway," for the purpose of this chapter only ((shall)), means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

          "Organized competitive event" ((shall)) means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.

        Sec. 2.  Section 8, chapter 47, Laws of 1971 ex. sess. as last amended by section 2, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.030 are each amended to read as follows:

          The department shall provide for the issuance of use permits for off-road vehicles and may appoint agents for collecting fees and issuing permits.  The provisions of RCW 46.01.130 and 46.01.140 ((shall)) apply to the issuance of use permits for off-road vehicles as they do to the issuance of vehicle licenses, the appointment of agents and the collection of application fees((:  PROVIDED, That filing fees for ORV use permits collected by the director shall be certified to the state treasurer and deposited as specified in RCW 46.09.110)).

        Sec. 3.  Section 12, chapter 47, Laws of 1971 ex. sess. as last amended by section 6, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.070 are each amended to read as follows:

          Application for an annual ORV use permit shall be made to the department or its authorized agent in such manner and upon such forms as the department shall prescribe, shall state the name and address of each owner of the off-road vehicle, shall be signed by at least one ((such)) owner, and shall be accompanied by a use permit fee of five dollars.

          Upon receipt of the application and the application fee, the off-road vehicle shall be assigned a use permit number tag or decal, which shall be affixed to the off-road vehicle in a manner prescribed by the department.  ((The department may utilize applications, registration and license forms, and registration numbering provided for use prior to September 21, 1977.))

          The ORV use permit ((provided in this section)) shall be valid for a period of one year.  Use permits shall be renewable each year in such manner as the department may prescribe for an additional period of one year upon payment of a renewal fee of five dollars.

          Any person acquiring an off-road vehicle for which a use permit has been issued ((under the provisions of this chapter)) who desires to continue to use the permit must, within fifteen days of the acquisition ((or purchase)) of the off-road vehicle, make application to the department or its authorized agent for transfer of the ORV use permit, and ((such)) the application shall be accompanied by a transfer fee of one dollar.

          Except as provided in RCW 46.09.050, any out-of-state ((owner)) operator of an off-road vehicle shall, when operating in this state, comply with ((the provisions of)) this chapter, and if an ORV use permit is required under this chapter, the ((owner)) operator shall obtain a nonresident ORV use permit number and tag, valid for not more than sixty days or an annual permit and tag.  Application for ((such)) a permit shall state the name and address of each owner of the off-road vehicle((, shall be signed by at least one such owner,)) and shall be accompanied by a fee of two dollars.  The permit shall be carried on the vehicle at all times during its operation in this state.

        Sec. 4.  Section 13, chapter 47, Laws of 1971 ex. sess. as last amended by section 7, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.080 are each amended to read as follows:

          (1) Each dealer of off-road vehicles in this state who does not have a current "dealer's plate" for vehicle use pursuant to chapter 46.70 RCW((,)) shall obtain ((a dealer)) an ORV dealer permit from the department in such manner and upon such forms as the department shall prescribe.  Upon receipt of ((a dealer's)) an application for ((a dealer)) an ORV dealer permit and the fee ((provided for in)) under subsection (2) of this section, ((such)) the dealer shall be registered and an ORV dealer permit number assigned.

          (2) The ((ORV)) fee for ((dealers)) ORV dealer permits shall be twenty-five dollars per year, which ((shall be deposited in the outdoor recreation account, and such fee shall)) covers all of the off-road vehicles owned by a dealer and not rented((:  PROVIDED, That)).  Off-road vehicles rented on a regular, commercial basis by a dealer shall have separate use permits.

          (3) Upon the issuance of an ORV dealer permit each dealer shall purchase, at a cost to be determined by the department, ORV dealer number plates of a size and color to be determined by the department, ((which shall)) that contain the dealer ORV permit number assigned to the dealer.  Each off-road vehicle operated by a dealer for the purposes of testing or demonstration shall display such number plates assigned pursuant to the dealer permit provisions in chapter 46.70 RCW or this section, in a ((clearly visible)) manner prescribed by the department.

          (4) No person other than a dealer or a representative thereof ((shall)) may display number plates as prescribed in subsection (3) of this section, and no dealer or representative thereof shall use such number plates for any purpose other than the purpose prescribed in subsection (3) of this section.

          (5) ORV dealer permit numbers shall be nontransferable.

          (6) ((On and after January 1, 1978,)) It ((shall be)) is unlawful for any dealer to sell any off-road vehicle at wholesale or retail((,)) or to test or demonstrate any off-road vehicle within the state((,)) unless he has a motor vehicle dealers' license pursuant to chapter 46.70 RCW or an ORV dealer permit number in accordance with ((the provisions of)) this section.

        Sec. 5.  Section 16, chapter 47, Laws of 1971 ex. sess. as last amended by section 9, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.110 are each amended to read as follows:

          The moneys collected by the department ((as ORV use permit fees)) under this chapter shall be distributed from time to time but at least once a year in the following manner:

          (((1))) The department shall retain enough money to cover expenses incurred in the administration of this chapter:  PROVIDED, That such retention shall never exceed eighteen percent of fees collected.

          (((2) Twenty percent of the moneys shall be placed in the ORV account, which is hereby established, in the general fund and shall be administered by the department of natural resources as ORV moneys.  The department of natural resources shall use these moneys to develop a state-wide program of ORV user education and information.  Any portion of these moneys not used to develop an ORV user education and information program shall be deposited in the outdoor recreation account and shall be distributed by the interagency committee for outdoor recreation under RCW 46.09.240.

          (3))) The remaining moneys shall be credited to the outdoor recreation account of the ((general fund as ORV moneys and shall be distributed)) state treasury, to be used and administered by the interagency committee for outdoor recreation ((as specified in RCW 46.09.240)) exclusively for ORV education, information, and law enforcement programs, and the acquisition, planning, development, maintenance, and management of ORV trails and facilities.

        Sec. 6.  Section 18, chapter 47, Laws of 1971 ex. sess. as amended by section 11, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.130 are each amended to read as follows:

          No person ((shall)) may operate a nonhighway vehicle in such a way as to endanger human life or to run down or harass ((deer, elk, or)) any ((other wildlife, or any domestic)) animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle.

          Violation of this section ((shall constitute)) is a gross misdemeanor.

        Sec. 7.  Section 22, chapter 47, Laws of 1971 ex. sess. as last amended by section 130, chapter 158, Laws of 1979 and RCW 46.09.170 are each amended to read as follows:

          (1) From time to time, but at least once each year, ((the director of licensing shall request)) the state treasurer ((to)) shall refund from the motor vehicle fund one  percent of the motor vehicle fuel tax revenues collected ((pursuant to)) under chapter 82.36 RCW, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090.  The treasurer shall place these funds in the general fund as follows:

          (a) ((Twenty-five)) Forty-three  percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for the acquisition, planning, development, maintenance, and management of ORV trails and facilities and nonhighway roads and recreation facilities;

          (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of game solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;

          (c) ((Twenty percent shall be credited to the ORV account and administered by the department of natural resources and shall be designated as ORV moneys to be used only for the acquisition, planning, development, maintenance, and management of designated off-road vehicle trails and areas; to construct campgrounds and trailheads which are necessary for the convenient use of designated ORV trails and areas; and to maintain those campgrounds and trailheads specifically constructed with ORV moneys:  PROVIDED, HOWEVER, That the department of natural resources, two months prior to the acquisition and development of such trails, areas, campgrounds and trailheads for off-road vehicles, shall conduct a public hearing at a suitable location in the nearest town of five hundred population or more, and the department shall publish a notice of such hearing on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the county or counties where the property which is the subject of the proposed facility is located.  The department of natural resources shall further file such notice of hearing with the department of ecology at the main office in Olympia and shall comply with the provisions of the state environmental policy act, chapter 43.21C RCW and regulations promulgated thereunder)) Two and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the planning, acquisition, development, maintenance, and management of ORV trails and facilities and nonhighway roads and recreation facilities; and

          (d) Fifty-one ((and one-half)) percent shall be credited to the outdoor recreation account ((and designated as ORV moneys)) to be used and administered by the interagency committee for outdoor recreation ((and distributed in accordance with RCW 46.09.240)).

          (2) On a yearly basis ((no)) an agency may not, except as provided in RCW 46.09.110, expend more than thirteen percent of ((its share of the above amounts)) the funds it receives under this chapter for general administration expenses incurred in carrying out ((the provisions of)) this chapter((, and not more than fifty percent of its share of said amount for education and law enforcement programs related to nonhighway vehicles)).

          (((3) ORV moneys shall be expended only for the acquisition, planning, development, maintenance, and management of off-road vehicle trails and areas; for education and law enforcement programs related to nonhighway vehicles; to construct campgrounds and trailheads which are necessary for the convenient use of designated ORV trails and areas; and to maintain those campgrounds and trailheads specifically constructed with ORV moneys.))

        Sec. 8.  Section 17, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.240 are each amended to read as follows:

          (1) ((The moneys deposited in the outdoor recreation account of the general fund derived from ORV use permit fees, ORV dealer permit fees, and motor vehicle excise taxes on fuel used and purchased for providing the motive power for nonhighway vehicles shall be administered by)) After deducting administrative expenses and the expense of any programs conducted under this chapter, the interagency committee for outdoor recreation ((and)) shall ((be distributed)), at least once each year, distribute the funds it receives under this chapter to state agencies, counties, ((and)) municipalities, and Indian tribes for acquisition, planning, development, maintenance, and management of nonhighway roads and related recreation facilities, ORV trails and facilities, and education and law enforcement programs related to off-road vehicles.  The interagency committee for outdoor recreation may make intergovernmental agreements with federal agencies for the ((use)) planning, construction, and maintenance of ORV ((moneys)) facilities.  The agreements shall contain the conditions for the use of these moneys.

          The committee shall ((prescribe methods,)) adopt rules((, and standards by which agencies may apply for and obtain moneys)) governing applications for funds under this chapter and shall determine the amount of money distributed to each applicant((:  PROVIDED, That)).  Agencies ((constructing off-road vehicle trails, campgrounds, and recreational areas and facilities)) receiving funds under this chapter for capital purposes shall consider the possibility of contracting with the state parks and recreation commission, the department of natural resources, or other federal, state, and local agencies to employ the youth development and conservation corps or other youth crews ((to construct or assist in construction of such off-road vehicle trails, campgrounds, and recreational areas and facilities)) in completing the project.

          (2) The interagency committee shall require ((that)) each applicant for funds to acquire or develop trails, areas, campgrounds, or trailheads for off-road vehicles to conduct a public hearing in the nearest town of five hundred population or more, and publish notice of such hearing on the same day of each week for two consecutive weeks in a newspaper of general circulation in the county or counties where the property ((which)) that is subject of the proposed facility is located ((prior to)) before the submission of its application.  The agency shall also file  notice of the hearing with the department of ecology at the main office in Olympia and shall comply with the State Environmental Policy Act, chapter 43.21C RCW.  A written record and a magnetic tape recording of ((such hearings)) the hearing shall be included in the application to the interagency committee for outdoor recreation.

          (((3) The interagency committee for outdoor recreation shall retain enough money from ORV moneys to cover expenses incurred in the administration of this chapter except that after June 30, 1979, the retention shall not exceed, on a yearly basis, three percent of the ORV moneys deposited in the outdoor recreation account.))

        Sec. 9.  Section 18, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.250 are each amended to read as follows:

          ((Between June 30, 1977 and June 30, 1979)) The interagency committee for outdoor recreation shall ((develop or cause to be developed)) maintain a state-wide ORV and nonhighway road recreation plan ((which shall determine and)) that reflects user densities and preferences and suitability and availability of designated nonhighway roads and recreation facilities and ORV trails and areas within the state.  The plan ((shall be maintained on a continuing basis with the plan)) document shall be updated at least once every third biennium and shall be used by all participating agencies to guide distribution and expenditure of ((nonhighway vehicle)) funds under this chapter.

NEW SECTION. Sec. 10.    The department of natural resources shall establish a recreation advisory committee, composed of persons having an interest in the recreational use of land managed by the department, to provide advice regarding outdoor recreation needs and the effect of departmental actions on recreational opportunities.

NEW SECTION. Sec. 11.    The interagency committee for outdoor recreation shall conduct a program of ORV use education and information.  Funds for the program shall be allocated from the amount received by the committee under RCW 46.09.170.

NEW SECTION. Sec. 12.    (1) The joint legislative committee on science and technology, after consultation with appropriate state agencies and representatives of organized recreation groups that use the roads, lands, and facilities described in (a) and (b) of this subsection, shall conduct a study to determine:

          (a) The proportion of motor vehicle fuel tax paid for fuel consumed in vehicles operated for recreational purposes on nonhighway roads;

          (b) The proportion of motor vehicle fuel tax paid for fuel consumed in vehicles operated for recreational purposes on lands or facilities, other than highways and nonhighway roads; and

          (c) The recreational activity engaged in at the destination.

          (2) The committee shall submit a report describing the methods used in conducting and results of the study to the environmental affairs committee of the house of representatives and the parks and ecology committee of the senate by December 31, 1986.

NEW SECTION. Sec. 13.    The interagency committee shall establish a committee of ORV and nonhighway road recreationists, including representatives of organized ORV recreation groups, to provide advice regarding the administration of this chapter.

NEW SECTION. Sec. 14.    Any state agency using funds under RCW 46.09.170(1) (a) or (c) for the acquisition or development of trails, areas, campgrounds, or trailheads for off-road vehicles shall, at least two months before acquiring or developing the trail, area, campground, or trailhead, conduct a public hearing at a suitable location in the nearest town with a population of five hundred or more.  Notice of the hearing shall be published in a legal newspaper of general circulation in the county or counties where the proposed facility is located, on the same day each week for two consecutive weeks.  The notice shall also be filed with the office of the code reviser for publication in the Washington State Register and with the department of ecology at the main office in Olympia.  A written record and tape recording of the hearing shall be maintained.  Agencies subject to this section shall comply with the State Environmental Policy Act, chapter 43.21C RCW.

NEW SECTION. Sec. 15.    There is appropriated twenty-four thousand dollars to the senate and twenty-four thousand dollars to the house of representatives, or so much thereof as may be necessary, from the outdoor recreation account for the biennium ending June 30, 1987, for the study to be conducted by the joint legislative committee on science and technology under section 12 of this act.

NEW SECTION. Sec. 16.  The following acts or parts of acts are each repealed:

                   (1) Section 11, chapter 47, Laws of 1971 ex. sess., section 7, chapter 153, Laws of 1972 ex. sess., section 5, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.060;

          (2) Section 14, chapter 47, Laws of 1971 ex. sess., section 10, chapter 153, Laws of 1972 ex. sess., section 8, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.090;

          (3) Section 19, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.260; and

          (4) Section 20, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.270.

NEW SECTION. Sec. 17.    Sections 11, 13, and 14 of this act shall be added to chapter 46.09 RCW.