AN ACT Relating to the Washington state firearm range committee facility; amending RCW 9.41.070; adding a new section to chapter 77.32 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature recognizes that interest has been steadily increasing in archery and archery safety; law enforcement training and qualifications; target practice and safety; skeet, trap, and shotgun sports including dog training; and black powder shooting sports and related historical heritage activities. Current facilities for sporting training and practice, which are often leased, are threatened with being closed due to the pressures of urban growth. Acquisition and development of an accessible state facility of international Olympic quality will promote international competition, target practice and safety training, and Olympic-type training events. Facilities throughout the state will promote tourism and provide added recreational opportunities and greater hunting safety for the citizens of this state.

NEW SECTION. Sec. 2. (1) The Washington state firearm range committee is created.

(2) The committee shall be composed of eight members appointed by the governor. The members shall be appointed as follows:

(a) One from a local government law enforcement agency;

(b) One from a state-wide law enforcement agency;

(d) One from a state-wide group or division of a state-wide group that emphasizes target practice and target practice safety including but not limited to iron silhouette competition, small bore competition, and big bore competition;

(e) One representative of a skeet, trap, shotgun and dog training sports group;

(f) One representative of a group involved with black powder shooting sports and related historical heritage events;

(g) One representative from an archery and archery safety group; and

(h) One representative of the general public.

(3) There shall be four nonvoting ex officio members, one from each caucus of the senate and the house of representatives, approved by the lieutenant governor or the speaker of the house of representatives, as appropriate.

(4) The members of the committee shall select one of its members as chair. The committee shall meet at the call of the chair.

(5) Committee members shall not receive compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 3. The Washington state firearm range committee shall have the following powers and duties:

(1) Assess local, state, federal, and tribal law enforcement needs in cooperation with the association of sheriffs and police chiefs and the criminal justice training commission;

(2) Assess sporting needs for each user type including number of user days and financial contributions to the facilities and to the state's economy;

(3) Survey the existing public and private firearm facilities to assess excess demands;

(4) Review similar facilities in other states or countries including the Olympic firearm training center in Colorado Springs;

(5) Develop a proposed public and private use and cost ratio and a program for phased development and cost sharing for planning, construction, and operation;

(6) In cooperation with the department of natural resources and other state and local agencies, identify state lands that may be used for a facility;

(7) Fully investigate private and state liability issues and prepare proposals for liability limitations, insurance needs, and costs;

(8) Analyze the appropriate state role in the facility planning, development, and use, including possible public and private contracting options; and

(9) Investigate and prepare recommendations on private and public funding sources including private donations and grants and county, city, and state funding.

NEW SECTION. Sec. 4. (1) The committee shall assess needs of all areas of the state and select a central multiple use site and possible satellite multiple use sites throughout the state.

(2) The committee shall assess the existing hunter education program and review the use of all funds under the federal aid in wildlife restoration act.

NEW SECTION. Sec. 5. The wildlife department, the department of natural resources, the department of trade and economic development, the parks and recreation commission, the house of representatives, and the senate shall provide support staff for the committee.

NEW SECTION. Sec. 6. The committee may apply for and use private and public grant moneys to carry out its responsibilities under this act.

NEW SECTION. Sec. 7. The committee shall prepare a report and submit it to the legislature by January 1, 1990. The committee shall terminate February 1, 1990.

NEW SECTION. Sec. 8. (1) There is hereby imposed a temporary fee surcharge on all hunting licenses and all hunting tags. The surcharge on hunting licenses shall be fifty cents per license. The surcharge on hunting tags shall be twenty-five cents per hunting tag.

(2) The revenues obtained under subsection (1) of this section shall be placed in the firearm range construction account.

(3) This section shall terminate December 1, 1991.

NEW SECTION. Sec. 9. A new section is added to chapter 77.32 RCW to read as follows:

The firearm range account is hereby created in the state wildlife fund. Moneys in the account shall be subject to legislative appropriation and shall be used for land, construction, development, and operation of firearm ranges and sporting training and practice facilities.

Sec. 10. Section 7, chapter 172, Laws of 1935 as last amended by section 3, chapter 428, Laws of 1985 and RCW 9.41.070 are each amended to read as follows:

(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such citizen's constitutional right to bear arms shall not be denied to him, unless he:

(a) Is ineligible to own a pistol under the provisions of RCW 9.41.040; or

(b) Is under twenty-one years of age; or

(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; or

(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor.

The license shall be revoked immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years. The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

!ixThe license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.

(2) The fee for the original issuance of a four-year license shall be twenty-three dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed; and

(3) The fee for the renewal of such license shall be twelve dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund; and

(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(4) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (3) of this section. The fee shall be distributed as follows:

(a) ((~~Three~~)) Six dollars shall be deposited in the state ((~~game~~)) wildlife fund ((~~and~~)) with three dollars used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law and three dollars for the firearm range program. The pamphlet shall be given to each applicant for a license; and

(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(5) Notwithstanding the requirements of subsections (1) through (4) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(6) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

NEW SECTION. Sec. 11. The sum of ten thousand dollars, or so much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the firearm range committee for the purposes of this act.