SENATE BILL REPORT

                   SB 6314

              As Reported By Senate Committee On:

          Natural Resources & Parks, February 6, 1998

Title:  An act relating to endangered species recovery plan funding.

Brief Description:  Providing for endangered species recovery plan funding.

Sponsors:  Senators Morton, Rasmussen and Oke.

Brief History:

Committee Activity:  Natural Resources & Parks:  2/5/98, 2/6/98 [DPS-WM].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report:  That Substitute Senate Bill No. 6314 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

  Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Morton, Stevens and Swecker.

Staff:  Paul Mabrey (786-7412)

Background:  Washington State currently has four salmonid stocks that are listed under the Endangered Species Act with ten more salmonid stocks potentially being listed in the future.  The state needs quick action to assure the recovery of threatened or endangered salmonid species.  A stable source of funding is needed to implement a comprehensive recovery plan needed to restore each endangered or threatened fish listing.  Such funding source needs to be such that it will create no new taxes but yet will provide certainty as a funding resource.

Summary of Substitute Bill:  A salmon restoration account is created in the state treasury.  All receipts derived from excise taxes from the sale of cigarettes on Indian reservations to non-Indian purchasers are placed in the account.  Expenditures from the account are reserved for salmon restoration projects, for recovery of threatened or endangered salmonids, and for aiding in the deterrence of salmonid species under the Endangered Species Act.  The money from the account is spent by appropriation only. 

Any person is permitted to apply for funds for restoration projects after meeting certain application criteria.

Substitute Bill Compared to Original Bill:  The proposed substitute eliminates the provision for 25 new enforcement officers.  The $2.75 million appropriation is also eliminated.

Appropriation:  None.

Fiscal Note:  Requested on January 29, 1998.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  Indian spokespersons were neutral in their comments regarding the bill.  Jurisdictional concerns were voiced, however.

Testimony Against:  A Liquor Control Board spokesman voiced concerns as to jurisdictional problems with regard to entry on reservations to collect or enforce tax.  There was concern about lack of funding after the first year.  Tribal governments should be consulted before this kind of unilateral decision is made.

Testified:   Gary Gilbert, Liquor Control Board (neutral); Kari Frank, Puyallup Tribe (con); Daw Vyvyan, Yakama Nation (con); Danny Fierro, Spokane Tribe.