CERTIFICATION OF ENROLLMENT

 

               SECOND SUBSTITUTE HOUSE BILL 1752

 

 

                   Chapter 274, Laws of 2001

 

 

                        57th Legislature

                2001 Regular Legislative Session

 

 

WILDLIFE DAMAGE CLAIMS--RANGELAND--DOMESTIC LIVESTOCK

 

 

 

                    EFFECTIVE DATE:  7/1/01

Passed by the House April 17, 2001

  Yeas 80   Nays 2

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 12, 2001

  Yeas 32   Nays 13

             CERTIFICATE

 

We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1752 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 11, 2001 Place Style On Codes above, and Style Off Codes below.                

                                FILED                

 

            May 11, 2001 - 10:06 a.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                 SECOND SUBSTITUTE HOUSE BILL 1752

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Clements, Grant, G. Chandler, B. Chandler, Linville, Lisk, McMorris, Armstrong, Schoesler and Mulliken)

 

Read first time 03/07/2001.  Referred to Committee on .

Allowing for claims for wildlife damage on rangeland suitable for grazing or browsing of domestic livestock.   


    AN ACT Relating to wildlife damage claims on rangeland suitable for grazing or browsing of domestic livestock; 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.

 

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

 

    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.


    Passed the House April 17, 2001.

    Passed the Senate April 12, 2001.

Approved by the Governor May 11, 2001.

    Filed in Office of Secretary of State May 11, 2001.