House Bill 2445 — Leasing Authority of the State Parks and Recreation Commission (Washington, 2024)

Summary

House Bill 2445 of the 68th Legislature, 2024 Regular Session, State of Washington, by Representatives Ryu and Tharinger, referred to the Committee on Innovation, Community & Economic Development, & Veterans. The act relates to leasing authority of the state parks and recreation commission and amends RCW 79A.05.025 and 79A.05.030. Section 1 amends RCW 79A.05.025, covering the commission electing a chair and the lease of parkland or property requiring the affirmative vote of at least five members of the commission. Section 2 amends RCW 79A.05.030, which lists what the commission shall do.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     H-2752.1

                                HOUSE BILL 2445


     State of Washington       68th Legislature       2024 Regular Session

     By Representatives Ryu and Tharinger

     Read first time 01/22/24.      Referred to Committee   on   Innovation,
     Community & Economic Development, & Veterans.




1        AN ACT Relating to leasing authority of the state parks and
2    recreation commission; and amending RCW 79A.05.025 and 79A.05.030.


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


 4       Sec. 1.   RCW 79A.05.025 and 2020 c 123 s 1 are each amended to
 5   read as follows:
 6       (1) The commission shall elect one of its members as chair. The
 7   commission may be convened at such times as the chair deems
 8   necessary, and a majority shall constitute a quorum for the
 9   transaction of business.
10       (2)(((a) Except as provided in (b) of this subsection, the)) The
11   lease of parkland or property for a period exceeding ((twenty)) 20
12   years requires the affirmative vote of at least five members of the
13   commission.
14       (((b) With the affirmative vote of at least five members of the
15   commission, the commission may enter into a lease for up to sixty-two
16   years for property at Saint Edward state park. The commission may
17   only enter into a lease under the provisions of this subsection
18   (2)(b) if the commission finds that the department of commerce study
19   required by section 3, chapter 103, Laws of 2016 fails to identify an
20   economically viable public or nonprofit use for the property that is
21   consistent with the state parks and recreation commission's mission
                                     p. 1                            HB 2445
 1   and could proceed on a reasonable timeline. The lease at Saint Edward
 2   state park may only include the following:
 3       (i) The main seminary building;
 4       (ii) The pool building;
 5       (iii) The gymnasium;
 6       (iv) The parking lot located in between locations identified in
 7   (b)(i), (ii), and (iii) of this subsection;
 8       (v) The parking lot immediately north of the gymnasium; and
 9       (vi) Associated property immediately adjacent to the areas listed
10   in (b)(i) through (v) of this subsection.))


11       Sec. 2.   RCW 79A.05.030 and 2020 c 123 s 2 are each amended to
12   read as follows:
13       The commission shall:
14       (1) Have the care, charge, control, and supervision of all parks
15   and parkways acquired or set aside by the state for park or parkway
16   purposes.
17       (2) Adopt policies, and adopt, issue, and enforce rules
18   pertaining to the use, care, and administration of state parks and
19   parkways. The commission shall cause a copy of the rules to be kept
20   posted in a conspicuous place in every state park to which they are
21   applicable, but failure to post or keep any rule posted shall be no
22   defense to any prosecution for the violation thereof.
23       (3) Permit the use of state parks and parkways by the public
24   under such rules as shall be adopted.
25       (4) Clear, drain, grade, seed, and otherwise improve or beautify
26   parks and parkways, and erect structures, buildings, fireplaces, and
27   comfort stations and build and maintain paths, trails, and roadways
28   through or on parks and parkways.
29       (5) Grant concessions or leases in state parks and parkways upon
30   such rentals, fees, or percentage of income or profits and for such
31   terms, in no event longer than ((eighty)) 80 years((, except for a
32   lease   associated   with   land   or  property   described in   RCW
33   79A.05.025(2)(b) which may not exceed sixty-two years,)) and upon
34   such conditions as shall be approved by the commission.
35       (a) Leases exceeding a ((twenty-year)) 20-year term, or the
36   amendment or modification of these leases, shall require a vote
37   consistent with RCW 79A.05.025(2).
38       (b) If, during the term of any concession or lease, it is the
39   opinion of the commission that it would be in the best interest of
                                     p. 2                          HB 2445
 1   the state, the commission may, with the consent of the concessionaire
 2   or lessee, alter and amend the terms and conditions of such
 3   concession or lease.
 4       (c) Television station leases shall be subject to the provisions
 5   of RCW 79A.05.085.
 6       (d) The rates of concessions or leases shall be renegotiated at
 7   five-year intervals. No concession shall be granted which will
 8   prevent the public from having free access to the scenic attractions
 9   of any park or parkway.
10       (6) Employ such assistance as it deems necessary. Commission
11   expenses relating to its use of volunteer assistance shall be limited
12   to premiums or assessments for the insurance of volunteers by the
13   department of labor and industries, compensation of staff who assist
14   volunteers, materials and equipment used in authorized volunteer
15   projects, training, reimbursement of volunteer travel as provided in
16   RCW 43.03.050 and 43.03.060, and other reasonable expenses relating
17   to volunteer recognition. The commission, at its discretion, may
18   waive commission fees otherwise applicable to volunteers. The
19   commission shall not use volunteers to replace or supplant classified
20   positions. The use of volunteers may not lead to the elimination of
21   any employees or permanent positions in the bargaining unit.
22       (7) By majority vote of its authorized membership, select and
23   purchase or obtain options upon, lease, or otherwise acquire for and
24   in the name of the state such tracts of land, including shore and
25   tide lands, for park and parkway purposes as it deems proper. If the
26   commission cannot acquire any tract at a price it deems reasonable,
27   it may, by majority vote of its authorized membership, obtain title
28   thereto, or any part thereof, by condemnation proceedings conducted
29   by the attorney general as provided for the condemnation of rights-
30   of-way for state highways. Option agreements executed under authority
31   of this subsection shall be valid only if:
32       (a) The cost of the option agreement does not exceed one dollar;
33   and
34       (b) Moneys used for the purchase of the option agreement are from
35   (i) funds appropriated therefor, or (ii) funds appropriated for
36   undesignated land acquisitions, or (iii) funds deemed by the
37   commission to be in excess of the amount necessary for the purposes
38   for which they were appropriated; and
39       (c) The maximum amount payable for the property upon exercise of
40   the option does not exceed the appraised value of the property.
                                     p. 3                          HB 2445
 1       (8) Cooperate with the United States, or any county or city of
 2   this state, in any matter pertaining to the acquisition, development,
 3   redevelopment, renovation, care, control, or supervision of any park
 4   or parkway, and enter into contracts in writing to that end. All
 5   parks or parkways, to which the state contributed or in whose care,
 6   control, or supervision the state participated pursuant to the
 7   provisions of this section, shall be governed by the provisions
 8   hereof.
 9       (9) Within allowable resources, maintain policies that increase
10   the number of people who have access to free or low-cost recreational
11   opportunities   for   physical  activity,  including   noncompetitive
12   physical activity.
13       (10) Adopt rules establishing the requirements for a criminal
14   history record information search for the following: Job applicants,
15   volunteers, and independent contractors who have unsupervised access
16   to children or vulnerable adults, or who will be responsible for
17   collecting or disbursing cash or processing credit/debit card
18   transactions. These background checks will be done through the
19   Washington state patrol criminal identification section and may
20   include a national check from the federal bureau of investigation,
21   which shall be through the submission of fingerprints. A permanent
22   employee of the commission, employed as of July 24, 2005, is exempt
23   from the provisions of this subsection.

                                  --- END ---




                                     p. 4                          HB 2445


File and source

File

2024-01-26_a31736_bill_2445.pdf

Size

73,783 bytes

SHA-256

48e9e01fb47a766aef5aaf4e86b8092cd4c7652edc1ebd6de98ee20107387c72

Our copy

2024-01-26_a31736_bill_2445.pdf

Original

No public link identified.