S 0470

S‑0470.3 _____________________________________________

SENATE BILL 5295

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Jacobsen, Swecker, Regala, Haugen and Oke

Read first time 01/18/2001. Referred to Committee on Natural Resources, Parks & Shorelines.

_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 are critical to the perpetuation of the resource. The

_8 abundance of wildlife and conditions for wildlife could be further

_9 improved by the establishment of a nonprofit wildlife conservation

10 foundation. It is the intent of the legislature to protect and

11 enhance the wildlife conservation capabilities of the state, to

12 increase the abundance of wildlife, and to ensure the stability of

13 wildlife populations through private benefactors contributing to a

14 nonprofit wildlife conservation foundation.

15 There are individuals and groups who desire to contribute to

16 the preservation, protection, and management of wildlife. Providing

17 a tax-deductible method for individuals and groups to contribute

18 in this manner would benefit the wildlife of the state. Several

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_1 states have created nonprofit wildlife conservation foundations

_2 that are successful in raising millions of dollars every year for

_3 the stewardship of wildlife resources. Therefore, the legislature

_4 finds that it is in the public interest to create a nonprofit

_5 foundation for the purpose of increasing funds available for the

_6 preservation, protection, and management of the 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 director 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 and

19 shall not disburse public funds.

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

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

22 the state while working in concert with the charitable,

23 educational, scientific, and recreational programs, projects, and

24 policies of the state;

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

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

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

28 construction, improvement, and development of potential foundation

29 projects;

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

31 assist in enhancing and preserving Washington's wildlife species

32 and the habitats upon which they depend;

33 (5) Engage generally in other activities consistent with the

34 lawful business of the foundation.

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_1 NEW SECTION. Sec. 5. (1) The foundation shall have a board of

_2 directors consisting of nine members. The fish and wildlife

_3 commission must appoint nine members to the board by September 1,

_4 2001. No member of the board may be a state employee.

_5 (2) No member of the board may receive compensation for his or

_6 her services to the foundation.

_7 (3) Members shall serve four-year terms. Of the initial members,

_8 one must be appointed for a one-year term, one must be appointed

_9 for a two-year term, one must be appointed for a three-year term,

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

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

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

13 been appointed.

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

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

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

17 shall adopt bylaws of the foundation.

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

19 from any governmental agency including the federal government, its

20 agencies or officers, or from any person, firm, or corporation. The

21 foundation may expend receipts on activities consistent with the

22 purposes of the foundation in section 4 of this act, and in a

23 manner consistent with any requirement of the grant, gift, or

24 bequest.

25 Funds collected by the foundation shall be considered private

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

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

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

29 its officers are responsible for the approval and recording of

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

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

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

33 NEW SECTION. Sec. 7. If any provision of this act or its

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

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

36 persons or circumstances is not affected.

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_2 NEW SECTION. Sec. 8. Sections 1 through 7 of this act

_3 constitute a new chapter in Title 77 RCW.

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