AN ACT Relating to the nonconsumptive use of wildlife; amending RCW 82.08.020 and 77.12.170; adding new sections to chapter 77.12 RCW; adding a new section to chapter 46.16 RCW; adding new sections to chapter 82.08 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that consumptive users of the wildlife resource finance the majority of the department of wildlife's budget, and that nonconsumptive users of wildlife are not provided a mechanism to assist in funding the department of wildlife, proportionate to their use of wildlife. It is the intent of the legislature to seek realistic funding mechanisms that allow nonconsumptive users of wildlife to assist in supporting the department of wildlife.

NEW SECTION. Sec. 2. For the purposes of sections 3 and 4 of this act, "department" means the department of wildlife and "commission" means the wildlife commission.

NEW SECTION. Sec. 3. The commission shall appoint, by October 1, 1991, a blue ribbon task force to analyze the funding base for the department of wildlife and to recommend how it can be broadened beyond the hunting and fishing license buyer. The task force shall consist of individuals that represent the commission, the department, the legislature, the environmental community, and private industry. One member of the house of representatives shall be appointed by the speaker of the house of representatives, and one member of the senate shall be appointed by the president of the senate, to serve on the blue ribbon task force. The task force shall consider, at a minimum, the following funding mechanisms:

(1) Fees for use of wildlife areas owned or managed by the department;

(2) Fees for courses in wildlife appreciation;

(3) The sale of wildlife art and stamps;

(4) Active fundraising by the department; and

(5) A dedicated wildlife lottery.

The task force shall make recommendations to the commission and to the legislature on feasible funding mechanisms. The commission shall analyze these recommendations, identify those that are feasible, identify additional funding opportunities as necessary and report its recommendations to the legislature by December 1, 1992.

NEW SECTION. Sec. 4. Task force members who are not public employees shall be reimbursed for subsistence and mileage by the department of wildlife pursuant to RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. A new section is added to chapter 77.12 RCW to read as follows:

The department may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, to be directed to the department for carrying out the purposes of the department. The department may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources.

NEW SECTION. Sec. 6. A new section is added to chapter 77.12 RCW to read as follows:

The director shall develop a plan to comply with the requirements of the Americans with Disabilities Act of 1990 (104 Stat. 327).

NEW SECTION. Sec. 7. A new section is added to chapter 46.16 RCW to read as follows:

In addition to the fees imposed in RCW 46.16.585 for application and renewal of personalized license plates an additional fee of ten dollars shall be charged. The revenue from the additional fee shall be deposited in the state wildlife fund and used for the management of resources associated with the nonconsumptive use of wildlife.

NEW SECTION. Sec. 8. A new section is added to chapter 82.08 RCW to read as follows:

(1) For the purposes of this chapter, "outdoor recreation equipment product" means any item in the following product categories, regardless of the actual use of the product by the final consumer:

(a) Bicycles and related equipment such as helmets, tires, tubes, panniers, bags, and racks;

(b) Binoculars, telescopes, and related equipment such as tripods;

(c) Human-powered boats, canoes, kayaks, rafts, rowing shells, rowboats, dinghies, and related equipment such as paddles, oars, and helmets;

(d) Camping equipment such as sleeping bags, sleeping pads, air mattresses, coolers, ice chests, stoves, tents, and backpacks;

(e) Equestrian related equipment such as saddles, bridles, and other tack;

(f) Hang gliders and related equipment such as helmets, slings, and harnesses;

(g) Jet skis, water skis, and related equipment such as tow ropes and bindings;

(h) Climbing equipment such as mountaineering boots, rock climbing shoes, ropes, carabineers, crampons, ice axes, and helmets;

(i) Cameras, video camcorders, and related photographic products such as film, videotapes, and all photographic developing equipment and products but not including film developing;

(j) SCUBA and skin diving related equipment such as masks, fins, snorkels, weight belts, tanks, backpacks, regulators, gauges, and buoyancy control devices;

(k) Snow skis, snowshoes, snowboards, and related equipment such as ski boots, poles, bindings, and snowshoe bindings;

(l) Snowmobiles and related parts and equipment;

(m) Windsurfing boards and related equipment such as masts and sails;

(n) Wet suits, booties, hoods, gloves, dry suits, and personal flotation devices;

(o) Car racks and accessories designed to transport outdoor recreation equipment.

(2) The department of revenue shall adopt rules further defining the products in subsection (1) of this section. In defining "related equipment," the department shall include products designed to be used in conjunction with the products listed in the categories in subsection (1) of this section.

Sec. 9. RCW 82.08.020 and 1985 c 32 s 1 are each amended to read as follows:

(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.

(2) In addition to the tax imposed in subsection (1) of this section, there is levied and there shall be collected a tax on each retail sale of an outdoor recreation product equal to five-tenths percent of the selling price.

(3) The tax imposed under this chapter shall apply to successive retail sales of the same property.

((~~(3)~~)) (4) The rates provided in this section ((~~applies~~)) apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

NEW SECTION. Sec. 10. A new section is added to chapter 82.08 RCW to read as follows:

Revenue from the tax imposed in RCW 82.08.020(2) and revenue from the equivalent rate of tax under chapter 82.12 RCW shall be deposited in the state wildlife fund.

Sec. 11. RCW 77.12.170 and 1989 c 314 s 4 are each amended to read as follows:

(1) There is established in the state treasury the state wildlife fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the director under this title;

(g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320;

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; ((~~and~~))

(i) The sale of personal property seized by the department for wildlife violations; and

(j) Tax on outdoor recreation products collected under sections 9 through 11 of this act.

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991. Unless both this act and chapter ...., Laws of 1991 (SHB 1850) are referenced by bill number in an omnibus appropriations act enacted before July 1, 1991, this act shall be null and void.