Optional park fee plan: Is it ‘sneaky’ or fair?

OLYMPIA — You may soon be among millions paying a $5 donation to the state park system and not even know it.

You’ll be contributing on your car registration renewal unless you act to say no by checking a box or using whatever other means the state devises.

In the eyes of Democratic lawmakers pushing the idea, it’s not a scam and is critically needed to avert closing parks in the midst of the state’s fiscal meltdown.

In the opinion of the state attorney general, the concept is not a tax because the solicited sum is a donation vehicle owners can refuse to pay.

In the view of Mukilteo’s Tim Eyman, it is a “sneaky and underhanded” way to get money from taxpayers.

Many people will pay the five bucks not realizing it’s voluntary, said Eyman, who’s constructed a political career defending the $30 car tab fee from being layered with other charges.

“With this one they’re being very clever by half. Blind people, disabled people and stupid people will be the only ones paying it by not knowing to check the box,” he said Tuesday. “This would be an unfair business practice if the private sector was doing it.”

Forty-six lawmakers apparently disagree. They sponsored the legislation that received its first hearing Tuesday in the House Ways and Means Committee.

Motorists can now voluntarily add $5 or more for state parks on their car tab renewals in a program known as opt-in.

Under the proposed bill, the Department of Licensing will collect a $5 donation from all vehicle owners at the time they renew their registration unless they indicate they do not wish to participate.

State parks director Rex Derr enthusiastically supported the bill Tuesday because it provides “dedicated funding” toward the “ultimate goal of keeping parks open to the public.”

That’s a serious challenge as lawmakers wrestle with ways to erase a multibillion-dollar shortfall projected in the next state budget.

House and Senate budget writers and Gov. Chris Gregoire are proposing to shave millions of dollars from the agency. Their proposals would force 13 to 55 parks to be closed, mothballed or sold off. Among the targeted are Wenberg State Park at Lake Goodwin and Wallace Falls State Park near Gold Bar.

To avert closures, House and Senate budgets count on collecting $28 million from this opt-out program. That assumes a 50 percent participation rate which means $5 “donations” would accompany 3.4 million registration payments. By comparison, there is about 1.4 percent participation now with the opt-in option, generating about $50,000 a month.

Ensuring the public is not duped into paying was a concern of several lawmakers Tuesday.

“What I’m afraid of is people will not know the difference” or understand they don’t have to pay, said Rep. Charles Ross, R-Naches.

Officials of the Department of Licensing are intent on designing a payment form that spells it all out.

“It will be clearly stated it is an opt-out,” said Glenn Ball, administrator for title and registration services.

Another issue raised Tuesday is whether this is a tax or fee and subject to more rigorous treatment under Initiative 960, the Eyman measure passed by voters in 2007.

Under that initiative, taxes require approval by two-thirds of the Legislature or a majority of voters. If it is a fee, additional analyses of its long-term costs to the public must be prepared.

Rep. Gary Alexander, R-Olympia, argued it is a new tax because, as Derr noted, the money will go to specifically fund park operations.

“I believe that qualifies it as a tax increase,” he said.

Deputy Solicitor General James Pharris told lawmakers in March he did not think the program creates a new fee and thus does not trigger the I-960 regulations.

“The fact that there is a change in the way that a citizen elects to make the donation from “opt in” to “opt out” does not convert a donation into a fee,” he wrote. “However, as noted earlier, I have not reviewed any specific bill language, and the details of a bill could affect the answer to your question.”

House Bill 2339 is awaiting action by the House Ways and Means Committee.

Jerry Cornfield: 360-352-8623, jcornfield@heraldnet.com.

Parks in jeopardy

The state is considering closing, selling or mothballing 13 to 55 parks because of budget concerns. Two parks are in line for closure in Snohomish County unless more money is generated. The parks are Wenberg State Park at Lake Goodwin and Wallace Falls State Park near Gold Bar.

Paying in or opting out

Drivers can now voluntarily add $5 or more on their car tab renewals for state parks in a program known as opt-in.

Under the proposed bill, the Department of Licensing will collect a $5 donation from all vehicle owners at the time they renew their registration unless they indicate they do not wish to make the donation.

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