S‑1429.2   _____________________________________________

SUBSTITUTE SENATE BILL 5295

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Jacobsen, Swecker, Regala, Haugen and Oke)

READ FIRST TIME 02/21/01. 

_1      AN ACT Relating to creating the Washington wildlife

_2  conservation foundation; and adding a new chapter to Title 77 RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  The legislature finds that the wildlife

_5  resources of the state are highly valued.  The programs, activities,

_6  and policies of the state that preserve, protect, and manage

_7  wildlife and provide public access for viewing and for hunting are

_8  critical to the resource.  The abundance of wildlife and conditions

_9  for wildlife could be further improved by the establishment of a

10  nonprofit wildlife conservation foundation.  It is the intent of the

11  legislature to protect and enhance the wildlife conservation

12  capabilities of the state, to increase the abundance of wildlife,

13  and to ensure the stability of wildlife populations through

14  private benefactors contributing to a nonprofit wildlife

15  conservation foundation.

16      Providing a tax-deductible method for individuals and groups to

17  contribute in this manner would benefit the wildlife of the

18  state.  Several states have created nonprofit wildlife conservation

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_1  foundations that are successful in raising millions of dollars

_2  every year for the stewardship of wildlife resources.  Therefore,

_3  the legislature finds that it is in the public interest to create

_4  a nonprofit foundation for the purpose of increasing funds

_5  available for the preservation, protection, and management of the

_6  state's wildlife.

_7      NEW SECTION. Sec. 2.  The definitions in this section apply

_8  throughout this chapter, unless the context clearly requires

_9  otherwise.

10      (1) "Foundation" means the Washington wildlife conservation

11  foundation created in section 3 of this act.

12      (2) "Board" means the Washington wildlife conservation

13  foundation board of directors created in section 5 of this act.

14      NEW SECTION. Sec. 3.  The board shall file articles of

15  incorporation in accordance with the Washington nonprofit

16  corporation act, chapter 24.03 RCW, to establish the Washington

17  wildlife conservation foundation.  The foundation shall not be an

18  agency, instrumentality, or political subdivision of the state.

19      NEW SECTION. Sec. 4.  The purpose of the foundation is to:

20      (1) Improve the abundance and conditions for wildlife within

21  the state while working in concert with the charitable,

22  educational, scientific, and recreational programs, projects, and

23  policies of the state;

24      (2) Solicit and accept aid or contributions consistent with the

25  stated intent of the donor and the goals of the foundation;

26      (3) Solicit and accept grants for the acquisition,

27  construction, improvement, and development of state agency

28  projects;

29      (4) Solicit and accept private funding and donations that

30  assist in enhancing and preserving Washington's wildlife species

31  and the habitats upon which they depend.

32     NEW SECTION. Sec. 5.  (1) The foundation shall have a board of

33  directors consisting of nine members.  The fish and wildlife

SSB 5295                       p. 2

_1  commission must appoint nine members to the board by September 1,

_2  2001.  No member of the board may be an active state employee.

_3      (2) No member of the board may receive compensation or a per

_4  diem.

_5      (3) Members shall serve four-year terms.  Of the initial members,

_6  one must be appointed for a one-year term, one must be appointed

_7  for a two-year term, one must be appointed for a three-year term,

_8  and the remainder must be appointed for a four-year term.  Members

_9  of the board may serve up to a maximum of three terms.  At the end

10  of a term, a member may continue to serve until a successor has

11  been appointed.

12      (4) The board shall meet and organize, and may designate by a

13  majority vote a treasurer, secretary, or any additional officers

14  needed to carry out the activities of the foundation.  The board

15  shall adopt bylaws of the foundation.

16      NEW SECTION. Sec. 6.  The foundation may accept gifts or grants

17  from any governmental agency or from any person, firm, or

18  corporation.  The foundation may expend receipts on activities

19  consistent with the purposes of the foundation in section 4 of

20  this act, and in a manner consistent with any requirement of the

21  grant, gift, or bequest.

22      Funds collected by the foundation shall be considered private

23  funds and shall be held in an appropriate account outside of the

24  state treasury.  The foundation may contract with the state auditor

25  or with a private auditor for an audit of funds.  The foundation and

26  its officers are responsible for the approval and recording of

27  receipts, approval of payments, and the proper filing of required

28  reports.  Funds provided by the foundation may not be used to

29  supplant any local, state, or federal funding source.

30      NEW SECTION. Sec. 7.  The foundation must comply with the

31  requirements of the open public meetings act, chapter 42.30 RCW.

32      NEW SECTION. Sec. 8.  If any provision of this act or its

33  application to any person or circumstance is held invalid, the

34  remainder of the act or the application of the provision to other

35  persons or circumstances is not affected.

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_1      NEW SECTION. Sec. 9.  Sections 1 through 8 of this act

_2  constitute a new chapter in Title 77 RCW.

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SSB 5295                       p. 4