S-0160

AN ACT Relating to the department of wildlife; adding new sections to chapter 77.04 RCW; adding a new section to chapter 77.32 RCW; adding a new section to chapter 82.08 RCW; creating new sections; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. The intent of the legislature is to improve the programs of the department of wildlife by securing a dependable and expanded source of funding for all programs and to improve department efficiency.

The legislature finds that reorganization of the department is a necessary first step to assure that the programs are focused on their primary goals. The primary goal of the department is to efficiently improve the wildlife resource for both consumptive and nonconsumptive users.

The legislature further finds that any department activity that is not focused on improving the wildlife resource and wildlife-oriented recreation is of very limited value to all citizens of the state. Resources should be redirected into areas that produce tangible results.

The legislature finds that the department should maximize productive in-the-field activities that result in more or improved fish and wildlife stocks, that improve the habitat for wildlife, or that are intended to increase the practical knowledge regarding fish and wildlife stocks. The department should de-emphasize planning, coordination, conferences, meetings, public relations, publications, retreats, adjudication, litigation, excessive layers of management, personal service contracts, mediation, coffee breaks, and all other activities that are trappings of the bureaucratic process. Department resources should be efficiently directed into areas that produce fish and wildlife.

NEW SECTION. Sec. 2. The department shall consist of two programs:

(1) The habitat and research program; and

(2) The fishing and hunting program.

NEW SECTION. Sec. 3. (1) All employees of the department except exempt employees, the commission, and the commission's staff shall be allocated to divisions within each of these two programs.

(2) The habitat and research program shall consist of:

(a) All employees of the habitat management division plus an additional ten FTE's for the primary purpose of habitat survey and quantification;

(b) All employees of the fisheries management division who conduct research activities;

(d) Five or more new FTE's for the primary purpose of enforcement of habitat protection rules and protection of nonhunted wildlife species;

(e) All employees of the engineering and lands division in excess of the sixty FTE's employed in the fishing and hunting division;

(f) Employees of the administrative division not in excess of fifty FTE's; and

(g) Ten or more new FTE's for the primary purpose of conducting research activities involving wildlife habitat restoration and replacement.

(3) The fishing and hunting program shall consist of:

(a) Employees of the fisheries management division, except for those employees who conduct research activities;

(b) Employees of the wildlife management division, except for those employees who conduct research activities or nonhunted wildlife activities;

(d) Employees of the engineering and lands division up to a maximum of sixty FTE's; and

(e) Employees of the administrative division not in excess of fifty FTE's.

(4) Within the fishing and hunting program no more than one FTE may be used for public relations activities.

NEW SECTION. Sec. 4. (1) Funding of the fishing and hunting division and the habitat and research division shall be strictly segregated to ensure fiscal accountability and maximize program performance. Consumptive fishing and hunting activities shall be paid for largely through user fees and programs in the habitat and research division with revenue from the general fund and a surcharge on the sale of camping equipment and optical gear as provided for in section 11 of this act.

(2) The habitat and research program shall be funded from the following dedicated sources:

(a) The general fund;

(b) All game special wildlife account funds that are revenue from the sale of personalized license plates;

(d) All local or private funds related to projects for nonfished or nonhunted wildlife species;

(e) A 2.0 percent surcharge on the sale of camping gear, outdoor gear, and camera and optical equipment as provided for in section 11 of this act; and

(f) Scientific permit fees under RCW 77.32.240.

(3) The funding sources dedicated to the habitat and research program shall not be used by the fishing and hunting program or for any other department activities.

(4) The fishing and hunting program shall be funded from the following dedicated sources:

(a) All fishing license, hunting license, tag, stamp, permit, punchcard, guide license, taxidermy license, and all other fees related to consumptive fishing or hunting activities under chapter 77.32 RCW except for scientific permit fees under RCW 77.32.240;

(b) All off-road vehicle account funds submitted to the department;

(d) All public safety and education account funds submitted to the department;

(e) All federal funds for the operation of fish hatcheries, wildlife control, land purchase for mitigation of federal projects, enhancement or restoration of hunted wildlife populations, or any other federal funds that are for the primary purpose of improving fishing or hunting activities;

(f) All federal aid to wildlife restoration and federal aid to sportfish restoration funds that are submitted to the department;

(g) All private and local funds that are for mitigation of fish or wildlife impacts that affect fishing and hunting activities or the hunted or fished wildlife resource.

(5) The funding sources dedicated to the fishing and hunting program shall not be used by the habitat and research program or for any other department activities.

NEW SECTION. Sec. 5. The commission shall conduct a minimum of six public hearings between June 1 and September 1 of each year for the purpose of informing the public about the needs of the wildlife resource and allocation of funds to the habitat and research division and the fishing and hunting division.

NEW SECTION. Sec. 6. The exempt employees of the department shall be funded solely from the general fund appropriation to the department.

NEW SECTION. Sec. 7. The commission and its staff shall be funded solely from the general fund appropriation to the wildlife department.

NEW SECTION. Sec. 8. A new section is added to chapter 77.32 RCW to read as follows:

The cost of hunting and fishing licenses, tags, permits, and stamps, and all associated consumptive user fees shall be adjusted to reflect changes in the inflation rate once every three years, beginning on January 1, 1994, and every three years thereafter. The commission shall determine after adequate deliberation and public input the magnitude of the fee changes and shall conduct at least four public hearings in various areas of the state before adoption of the revised fees as agency rule.

NEW SECTION. Sec. 9. The director of wildlife shall study the wildlife habitat within the state, quantify habitat losses, and prepare a report on the habitat replacement needs. The report shall contain recommendations for funding sources and funding levels to achieve the habitat replacement and restoration goals of the department of wildlife. The report shall be submitted to the senate ways and means committee, senate environment and natural resources committee, house of representatives appropriations committee, and house of representatives fisheries and wildlife committee or their successor committees on or before November 1, 1992.

NEW SECTION. Sec. 10. The director of the state energy office shall conduct a pilot energy audit program. The primary purpose of the program is to audit the use of petroleum products by the department of wildlife staff. The audit shall include an examination of the restriction on travel of the enforcement division while other divisions have been freely allowed petroleum resources, which caused other government entities to supply petroleum products to the enforcement division. In the interest of wise use of irreplaceable petroleum resources, the director shall study the allocation practices within the department of wildlife and report to the legislature on or before December 31, 1992, on the findings. The director shall also investigate the total number of petroleum-consuming devices owned by the department of wildlife for the purposes of identifying items that are not necessary or efficient that should be surplussed. The director shall recommend ways of conserving fuel while continuing to fulfill the duties of the agency.

NEW SECTION. Sec. 11. A new section is added to chapter 82.08 RCW to read as follows:

The purpose of imposing a tax on outdoor equipment is to provide an appropriate mechanism to fund nonconsumptive land, habitat, and wildlife uses. The funds derived from this tax shall be used exclusively by the department of wildlife for the habitat and research program provided for in sections 2 through 7 of this act. The outdoor equipment tax shall be imposed on the first possession of the specified outdoor equipment for commercial purposes. A person has constructive possession for the purposes of this tax if the person has legal ownership.

No equipment specified in this section may be sold in the state without the tax having been paid. The tax rate under this section is two percent of the cost at wholesale sale as defined in RCW 82.04.060. The department of revenue shall adopt by rule a specific list of taxable outdoor items including but not limited to the following categories:

(1) All photographic products such as: Cameras, film, video recorders, videotapes, and all photographic developing products;

(2) All ski equipment such as: Skis, poles, boots, bindings, and ski clothes;

(3) River rafts, kayaks, and boats of all types that are not subject to the watercraft excise tax under chapter 82.49 or 88.02 RCW. All vessels exempted from state or federal registration shall be taxed. The following are exempt from the tax imposed under this chapter:

(a) Vessels used exclusively for commercial fishing purposes;

(b) Vessels under sixteen feet in overall length;

(c) Vessels owned and operated by the United States, a state of the United States, or any municipality or political subdivision thereof;

(d) Vessels owned by a nonprofit organization or association engaged in character building of boys and girls under eighteen years of age and solely used for such purposes, as determined by the department for the purposes of RCW 84.36.030; and

(e) Vessels owned and held for sale by a dealer, but not rented on a regular commercial basis;

(4) Jet skis, water skis, and water and jet ski-related equipment;

(5) All forms of nonmotorized vehicles such as bicycles and trail bicycles;

(6) All items made from natural animal fur;

(7) Rock collecting equipment and rock polishing and grinding equipment and supplies;

(8) Mountain climbing equipment including special ropes, shoes, and any other item used primarily for mountain climbing;

(9) Maps, whether sold or distributed without charge, but maps provided by federal, state, or local agencies without charge shall not be taxed;

(10) Windsurfing equipment and supplies;

(11) Wet suits and scuba diving equipment, unless used for commercial purposes;

(12) Special shoes used for outdoor activities including hiking boots and snow shoes;

(13) Camping equipment including sleeping bags, tents, cots, cooking equipment, dried foods and dehydrated foods made for camping, backpacks, sheepherder stoves, air mattresses, and ice chests;

(14) Chain saws, chain saw blades, axes, and hatchets;

(15) Hang gliders, parachutes, and hot air balloons;

(16) All traps and trapping equipment unless made for common household purposes;

(17) All equestrian equipment including saddles, saddle blankets, and bags; and

(18) Binoculars and telescope equipment.

NEW SECTION. Sec. 12. The Washington state human rights commission, pursuant to RCW 49.74.005, shall undertake a study of affirmative action policies and procedures of the department of wildlife. The success or failure to meet goals at all levels throughout the department shall be studied. Special attention shall be given to the various field offices and mid and low-level management. The commission shall particularly analyze the affirmative action programs with respect to race, color, sex, and physical handicaps. If necessary, the commission shall prepare a mandatory action plan for the department of wildlife and shall monitor its full implementation over a reasonable but timely period. The results of the study and the action plan shall be submitted to the legislature by December 31, 1992.

NEW SECTION. Sec. 13. The sum of fifteen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the state energy office for the study in section 10 of this act.

NEW SECTION. Sec. 14. Sections 2 through 7 of this act are each added to chapter 77.04 RCW.

NEW SECTION. Sec. 15. This act shall take effect January 1, 1992.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.