1752-S2 AAS 04/12/01 S2683.3

2SHB 1752 - S AMD 305

By Senators Rasmussen, Swecker, Jacobsen and Spanel

                                                  ADOPTED 04/12/01

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 77.36.005 and 1996 c 54 s 1 are each amended to read as follows:

    The legislature finds that:

    (1) As the number of people in the state grows and wildlife habitat is altered, people will encounter wildlife more frequently.  As a result, conflicts between humans and wildlife will also increase.  Wildlife is a public resource of significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all citizens of the state.

    (2) In particular, the state recognizes the importance of commercial agricultural and horticultural crop production, rangeland suitable for grazing or browsing of domestic livestock, and the value of healthy deer and elk populations, which can damage such crops.  The legislature further finds that damage prevention is key to maintaining healthy deer and elk populations, wildlife-related recreational opportunities, ((and)) commercially productive agricultural and horticultural crops, and rangeland suitable for grazing or browsing of domestic livestock, and that the state, participants in wildlife recreation, and private landowners and tenants share the responsibility for damage prevention.  Toward this end, the legislature encourages landowners and tenants to contribute through their land management practices to healthy wildlife populations and to provide access for related recreation.  It is in the best interests of the state for the department of fish and wildlife to respond quickly to wildlife damage complaints and to work with these landowners and tenants to minimize and/or prevent damages and conflicts while maintaining deer and elk populations for enjoyment by all citizens of the state.

    (3) A timely and simplified process for resolving claims for damages caused by deer and elk for commercial agricultural or horticultural products, and rangeland used for grazing or browsing of domestic livestock is beneficial to the claimant and the state.

    Sec. 2.  RCW 77.36.010 and 1996 c 54 s 2 are each amended to read as follows:

    ((Unless otherwise specified,)) The ((following)) definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

    (1) "Crop" means ((a commercially raised horticultural and/or agricultural product and includes growing or harvested product but does not include livestock)) (a) a growing or harvested horticultural and/or agricultural product for commercial purposes; or (b) rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year for commercial purposes.  For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims.

    (2) "Emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, or fowl.

    (3) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild.

    Sec. 3.  RCW 77.36.080 and 1996 c 54 s 9 are each amended to read as follows:

    (1) The department may pay no more than thirty thousand dollars per fiscal year from the general fund for claims under RCW 77.36.040 and for assessment costs and compromise of claims unless the legislature declares an emergency.  Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage.

    (2) The legislature may declare an emergency, defined for the purposes of this section as any happening arising from weather, other natural conditions, or fire that causes unusually great damage by deer or elk to commercially raised agricultural or horticultural crops ((by deer or elk)), or rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year.  In an emergency, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims under RCW 77.36.040 and for assessment and compromise of claims.  Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.

(3) Of the total funds available each fiscal year under subsection (1) of this section and RCW 77.36.070, no more than one-third of this total may be used to pay animal damage claims for rangeland forage on privately owned land.

(4) Of the total funds available each fiscal year under subsection (1) of this section and RCW 77.36.070 that remain unspent at the end of the fiscal year, fifty percent shall be utilized as matching grants to enhance habitat for deer and elk on public lands.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.131 RCW to read as follows:

    The joint legislative audit and review committee must conduct a program review, as provided in this chapter, of the program to reimburse landowners for damage to rangeland used for grazing or browsing of domestic livestock caused by deer and elk, established in sections 1 through 3, chapter . . ., Laws of 2001 (sections 1 through 3 of this act).  The review must be completed by January 1, 2004.

NEW SECTION. Sec. 5.  The following expire June 30, 2004:

    (1) Section 1, chapter . . ., Laws of 2001 (section 1 of this act);

    (2) Section 2, chapter . . ., Laws of 2001 (section 2 of this act); and

    (3) Section 3, chapter . . ., Laws of 2001 (section 3 of this act).

NEW SECTION. Sec. 6.  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 takes effect July 1, 2001."

2SHB 1752 - S AMD 305

By Senators Rasmussen, Swecker, Jacobsen and Spanel

                                                  ADOPTED 04/12/01

    On page 1, line 2 of the title, after "livestock;" strike the remainder of the title and insert "amending RCW 77.36.005, 77.36.010, and 77.36.080; adding a new section to chapter 43.131 RCW; providing an effective date; providing an expiration date; and declaring an emergency."

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