WSR 97-21-132

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[Filed October 21, 1997, 3:45 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-18-069.

Title of Rule: Chapter 352-24 WAC, Concessions and leases.

Purpose: Rules being modified or repealed and will be supplemented by new concession policy.

Statutory Authority for Adoption: RCW 43.51.040(5).

Summary: Repealing most of this chapter of WAC, which will be replaced by commission policy on concessions.

Reasons Supporting Proposal: Regulations were outdated and inflexible to changing business environment.

Name of Agency Personnel Responsible for Drafting: Wayne McLaughlin, 7150 Cleanwater Lane, Olympia, (360) 902-8599; Implementation and Enforcement: Kathryn Smith, 7150 Cleanwater Lane, Olympia, (360) 902-8594.

Name of Proponent: Washington State Parks and Recreation Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Rule provides guidelines for concessions agreements, contracts, and leases used by the parks commission to provide services to park visitors. Services include: Snack bars, grocery stores, restaurants, equipment rentals etc. Existing rule is used as a basis for concession contracts and provides some policy guidance as well.

Proposal Changes the Following Existing Rules: Most of the chapter of WAC is proposed to be repealed, and will be replaced by comprehensive commission policy on concessions and leases. The first section is being amended to refer to the new policy.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC regulates only contracts with small businesses which provide services within state parks, under contracts with the parks commission. There are no compliance costs to small businesses.

RCW 34.05.328 does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission nor has the commission voluntarily applied these requirements.

Hearing Location: Washington Trade and Convention Center, 800 Convention Place, Seattle, WA 98101, on December 5, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Don Simmons by November 21, 1997, (206) 931-3907.

Submit Written Comments to: Kathryn Smith, 7150 Cleanwater Lane, Olympia, WA 98504, FAX (360) 586-5875, by November 19, 1997.

Date of Intended Adoption: December 5, 1997.

October 21, 1997

Jim French

Policy Analyst

AMENDATORY SECTION (Amending Order 7, filed 4/1/70)

WAC 352-24-010 Approval of concessions and leases--Concession policies. The commission shall approve, or disapprove, all concessions and leases, and may, in its discretion, authorize the director to sign any lease or concession agreement on behalf of the commission, which authorization shall be incorporated into the minutes of the regular or special meeting at which it is granted. Specific policies concerning concessions and leases have been adopted by the commission and are available upon request.

[Order 7, 352-24-010, filed 4/1/70.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 352-24-020 Preservation and use.

WAC 352-24-030 Merchandising.

WAC 352-24-040 Acquisition and ownership of facilities by the commission.

WAC 352-24-050 Definitions.

WAC 352-24-060 Abandonment or destruction of improvements.

WAC 352-24-070 Compensation for concessionaire's possessory interest.

WAC 352-24-080 Compensation to the state for improvements placed by the state.

WAC 352-24-090 General provisions.

WAC 352-24-100 Bidding procedures.

WAC 352-24-110 Notification to bidder.

WAC 352-24-120 The highest and best bid.

WAC 352-24-130 Commission's acceptance.

WAC 352-24-140 Bond requirement.

WAC 352-24-150 Transactions involving interest of concessionaire.

WAC 352-24-160 Advertising.

WAC 352-24-170 Concessionaire's employees.

WAC 352-24-180 Anti-discrimination.

WAC 352-24-190 Representation of commission endorsement.

WAC 352-24-200 Sale of majority stock interest in corporation.

WAC 352-24-210 Approval of subconcession contracts.

WAC 352-24-220 Violation of lease.

WAC 352-24-230 Preferential right.

WAC 352-24-240 Insurance requirement.

WAC 352-24-250 Contract, franchise, or lease fees.

WAC 352-24-260 Audits, accounting records and reports.

WAC 352-24-270 Provision for arbitration.