Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-09-049.

     Title of Rule and Other Identifying Information: The agency has completed a review of the following chapter of administrative rules and has proposed amendments to chapter 352-32 WAC, Public use of state park areas.

     Hearing Location(s): Washington State Parks and Recreation Commission, Eastern Region Headquarters, 270 Ninth Street, East Wenatchee, WA 98801, on August 11, 2011, at 9:00 a.m.

     Date of Intended Adoption: August 11, 2011.

     Submit Written Comments to: Pamela McConkey, 1111 Israel Road, Olympia, WA 98504, e-mail pamela.mcconkey@parks.wa.gov, fax (360) 586-6651, by August 1, 2011.

     Assistance for Persons with Disabilities: Contact Eastern Region Headquarters by August 1, 2011, TTY (800) 833-6388 or (509) 665-4319.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: State parks' staff has reviewed the commission rules in consideration of changes to current business practices. The agency has proposed minor changes to the rule in order to reduce restrictions to current resident requirements and to bring state parks in line with like agencies residency requirements. Substantive changes are requested in WAC 352-32-251 Limited income senior citizen, disability, and disabled veteran passes and 352-32-252 Off-season senior citizen pass -- Fee.

     State parks will request changes to these sections of WAC pertaining to residency requirements for citizens applying for a pass within the state parks pass program. This change will reduce the residency requirement from twelve months to three months.

     Statutory Authority for Adoption: RCW 79A.05.030, 79A.05.035.

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

     Name of Proponent: Washington state parks and recreation commission, governmental.

     Name of Agency Personnel Responsible for Drafting and Drafting [Implementation]: Pamela McConkey, 1111 Israel Road, Olympia, WA 98504, (360) 902-8595; and Enforcement: Robert Ingram, 1111 Israel Road, Olympia, WA 98504, (360) 902-8615.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business as a result of the modifications to these rules.

     A cost-benefit analysis is not required under RCW 34.05.328. Significant legislative rule-making requirements are not imposed on the state parks and recreation commission, nor has the commission voluntarily applied those requirements.

June 20, 2011

Valeria Evans

Management Analyst

OTS-4100.1

AMENDATORY SECTION(Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)

WAC 352-32-251   Limited income senior citizen, disability, and disabled veteran passes.   (1)(a) Persons who are senior citizens, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past ((twelve)) three consecutive months shall, upon application to the commission accompanied by either a copy of a federal income tax return filed for the previous calendar year, or a senior citizen property tax exemption pursuant to RCW 84.36.381, or a notarized affidavit of income on a form provided by the commission, receive a limited income senior citizen pass at no charge, which entitles the holder's camping party to free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in the campsite fee, or moorage fee as published by state parks. Limited income senior citizen passes shall remain valid so long as the pass holder meets eligibility requirements.

     (b) Proof submitted to the commission for the return of a senior citizen pass surrendered upon request to a commission employee who has reason to believe the user does not meet the eligibility criteria shall be the same as listed in subsections (1) and (5) of this section for original pass issuance.

     (2) Persons who are:

     (a) Permanently disabled, legally blind, or profoundly deaf, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past ((twelve)) three consecutive months shall, upon application to the commission, receive a five year disability pass at no charge;

     (b) Temporarily disabled and who meet the eligibility requirements of RCW 79A.05.065 and have been residents of Washington state for at least the past ((twelve)) three consecutive months shall, upon application to the commission, receive a one year disability pass at no charge; and

     (c) Residents of Washington who have been issued a card, decal (placard) or special license plate for a permanent disability under RCW 46.16.381 shall be entitled, along with the members of their camping party to free use of trailer dump stations, watercraft launch sites, and to a 50 percent reduction in the campsite fee, or moorage fee as published by state parks.

     (3) Persons who are veterans, meet the eligibility requirements of RCW 79A.05.065, and have been residents of Washington state for at least the past ((twelve)) three consecutive months shall, upon application to the commission, receive a lifetime disabled veteran pass at no charge. Pass holders must provide proof of continued residency as determined by the director or designee. The pass entitles the holder's camping party to free use of a state park campsite, trailer dump station, watercraft launch site, moorage facility, and reservation service.

     (4) Applications for limited income senior citizen, disability, and disabled veteran passes shall be made on forms prescribed by the commission.

     (5) Verification of age shall be by original or copy of a birth certificate, notarized affidavit of age, witnessed statement of age, baptismal certificate, or driver's license. Verification of residency shall be by original or copy of a Washington state driver's license, voter's registration card, or senior citizen property tax exemption, or other proof of continued residency as determined by the director or designee.

     (6) Pass holders must be present and show their valid pass and identification upon registration or when requested by any commission employee or representative.

     (7) Pass holders that violate or abuse the privileges of their pass, as listed below, may be subject to suspension of their pass and assessed other fees.

     (a) Duplicate or multiple reservations for the same night - Thirty-day suspension.

     (b) Use of pass by unauthorized person - Sixty-day suspension and/or a fee equal to two times the campsite fee.

     (c) Two or more no-shows (failure to use or cancel reservation) for reservations between May 1 and November 1 - Ninety-day suspension.

     (d) Repeated park rule violations - Minimum ninety-day suspension.

     The pass will be confiscated by the ranger on duty or their designee and sent to the Olympia headquarters office. At the end of the suspension the pass will be returned to the authorized pass holder at no cost.

     (8) Pass holders may appeal a suspension of their pass by providing written justification/explanation to the state parks director or designee at P.O. Box 42650, Olympia, WA 98504.

     (9) Pass holder discounts shall apply only to those fees listed in subsections (1), (2), and (3) of this section. Pass holder discounts will not apply to all other fees as published by state parks, including but not limited to, extra vehicles, vacation housing, yurts, and cabins.

     (10) If the conditions of a pass holder change or the pass holder changes residency to a place outside Washington state during the time period when a pass is valid such that a pass holder no longer meets the eligibility requirements of RCW 79A.05.065 and WAC 352-32-251, the pass becomes invalid, and the pass holder shall return the pass to the commission or surrender the pass to a state park representative.

     (11) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: RCW 79A.05.030, 79A.05.070, 79A.05.075, and 79A.05.065. 08-24-006, § 352-32-251, filed 11/20/08, effective 12/21/08. Statutory Authority: Chapter 79A.05 RCW. 07-03-121, § 352-32-251, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.070, 79A.05.165, 79A.05.605, and 79A.05.610. 05-24-030, § 352-32-251, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 05-01-069, § 352-32-251, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 03-01-079, § 352-32-251, filed 12/13/02, effective 1/13/03. Statutory Authority: Chapter 79A.05 RCW, including RCW 79A.05.030, 79A.05.035, 79A.05.055, and 79A.05.070. 00-13-070, § 352-32-251, filed 6/16/00, effective 7/17/00. Statutory Authority: RCW 43.51.040. 98-04-065, § 352-32-251, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050, 43.51.040 and 43.51.300. 97-21-133, § 352-32-251, filed 10/21/97, effective 1/1/98. Statutory Authority: RCW 43.51.060, 43.51.055, 43.51.050 and 43.51.040. 96-22-018, § 352-32-251, filed 10/29/96, effective 1/1/97. Statutory Authority: RCW 43.51.040 and 43.51.060. 90-04-024, § 352-32-251, filed 1/29/90, effective 3/1/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. 88-19-087 (Order 106), § 352-32-251, filed 9/19/88. Statutory Authority: RCW 43.51.055 and 43.51.060. 83-23-094 (Order 71), § 352-32-251, filed 11/22/83.]

     (2) Applications for off-season senior citizen passes shall be made on forms prescribed by the commission and shall be accepted only after August 1 for the following off-season period.

     (3) There shall be a fee for each off-season senior citizen pass. Limited income senior citizen pass holders may purchase the off-season pass at a 50 percent discount. A surcharge equal to the fee for an electrical hookup published by state parks shall be assessed for each night an off-season senior citizen pass holder uses a campsite with an electrical hookup.

     (4) Pass holders must be present and show their valid pass and identification upon registration or when requested by any commission employee or representative.

     (5) Pass holder discounts shall apply only to those fees in subsections (1) and (3) of this section. Pass holder discounts will not apply to other fees as published by state parks, including but not limited to, extra vehicles, vacation housing, yurts, and cabins.

     (6) If a pass holder changes residency to a place outside Washington state during the time period when a pass is valid, the pass becomes invalid and the pass holder shall return the pass to the commission or surrender the pass to a state park representative.

     (7) Any violation of this section is an infraction under chapter 7.84 RCW.

[Statutory Authority: Chapter 79A.05 RCW. 07-03-121, § 352-32-252, filed 1/22/07, effective 2/22/07. Statutory Authority: RCW 79A.05.030, 79A.05.070, and 79A.05.075. 03-01-079, § 352-32-252, filed 12/13/02, effective 1/13/03. Statutory Authority: RCW 43.51.040. 98-04-065, § 352-32-252, filed 2/2/98, effective 3/5/98. Statutory Authority: RCW 43.51.040 and [43.51.]060. 95-22-067, § 352-32-252, filed 10/30/95, effective 1/1/96. Statutory Authority: RCW 43.51.060. 94-08-036, § 352-32-252, filed 3/31/94, effective 5/1/94. Statutory Authority: RCW 43.51.040. 93-08-025, § 352-32-252, filed 3/30/93, effective 5/1/93; 91-09-001, § 352-32-252, filed 4/4/91, effective 5/15/91; 90-07-062, § 352-32-252, filed 3/20/90, effective 4/20/90. Statutory Authority: RCW 43.51.040, 43.51.055 and 43.51.060. 88-19-087 (Order 106), § 352-32-252, filed 9/19/88; 85-08-003 (Order 88), § 352-32-252, filed 3/22/85, effective 5/15/85. Statutory Authority: RCW 43.51.055 and 43.51.060. 83-23-094 (Order 71), § 352-32-252, filed 11/22/83.]

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