BILL REQ. #:  S-0359.2 

Read first time 01/12/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to enhancing wildlife viewing opportunities in Washington state; amending RCW 67.28.1815, 67.28.181, 77.32.560, 9.46.010, and 9.46.400; adding a new section to chapter 67.28 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that nature-based tourism is the fastest growing outdoor activity and the fastest growing segment of the tourism industry. Tourism activities relating to watchable wildlife contribute almost one and one-half billion dollars to Washington state's economy per year, and it is primarily the rural areas of the state in which these activities occur.
     The legislature finds that there is general agreement that owners of working farms and forest lands provide a significant portion of the key areas for the wildlife which in turn attract the nature-based tourists. While tourism promotion interests seek to provide incentives to these landowners to maintain these key areas in a manner that benefits wildlife, and to assist them in managing the tourists that seek to appreciate this wildlife, there is also a need to create options for local governments seeking to provide monetary incentives to these landowners.
     The legislature further finds that the purchase of a watchable wildlife decal currently offers a valuable opportunity for individuals to voluntarily contribute to the enhancement of the habitat, infrastructure, trails, corridors, and communities that provide wildlife viewing opportunities in this state. However, the legislature finds that additional investments in the department of fish and wildlife's watchable wildlife program are needed, and that such investments will increase wildlife viewing and other recreational opportunities in the state and benefit Washington's wildlife and rural communities.
     Therefore, the legislature intends to enhance wildlife viewing opportunities in Washington by providing additional tools and resources to the state's watchable wildlife program and landowners who provide the wildlife habitat that supports nature-based tourism.

NEW SECTION.  Sec. 2   A new section is added to chapter 67.28 RCW to read as follows:
     (1) The legislative body of any municipality may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW. The rate of tax shall not exceed one-half of one percent.
     (2) Any county ordinance or resolution adopted under this section must contain a provision allowing a credit against the county tax for the full amount of any city or town tax imposed under this section upon the same taxable event.
     (3) All revenue from taxes imposed under this section shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purposes of funding all or any part of agreements with the owners of forest land under chapter 84.33 RCW or open space land, farm and agricultural land, or timber land under chapter 84.34 RCW, to provide public access to private lands and to manage wildlife habitat for the promotion of tourism.

Sec. 3   RCW 67.28.1815 and 2008 c 264 s 3 are each amended to read as follows:
     Except as provided in RCW 67.28.180 and section 2 of this act, all revenue from taxes imposed under this chapter shall be credited to a special fund in the treasury of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. Municipalities may, under chapter 39.34 RCW, agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility.

Sec. 4   RCW 67.28.181 and 2004 c 79 s 8 are each amended to read as follows:
     (1) The legislative body of any municipality may impose an excise tax on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW. The rate of tax shall not exceed the lesser of two percent or a rate that, when combined with all other taxes imposed upon sales of lodging within the municipality under this chapter except taxes imposed under section 2 of this act, and under chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals twelve percent. A tax under this chapter shall not be imposed in increments smaller than tenths of a percent.
     (2) Notwithstanding subsection (1) of this section:
     (a) If a municipality was authorized to impose taxes under this chapter or RCW 67.40.100 or both with a total rate exceeding four percent before July 27, 1997, such total authorization shall continue through January 31, 1999, and thereafter the municipality may impose a tax under this section at a rate not exceeding the rate actually imposed by the municipality on January 31, 1999.
     (b) If a city or town, other than a municipality imposing a tax under (a) of this subsection, is located in a county that imposed taxes under this chapter with a total rate of four percent or more on January 1, 1997, the city or town may not impose a tax under this section.
     (c) If a city has a population of four hundred thousand or more and is located in a county with a population of one million or more, the rate of tax imposed under this chapter by the city shall not exceed the lesser of four percent or a rate that, when combined with all other taxes imposed upon sales of lodging in the municipality under this chapter and chapters 36.100, 67.40, 82.08, and 82.14 RCW, equals fifteen and two-tenths percent.
     (d) If a municipality was authorized to impose taxes under this chapter or RCW 67.40.100, or both, at a rate equal to six percent before January 1, 1998, the municipality may impose a tax under this section at a rate not exceeding the rate actually imposed by the municipality on January 1, 1998.
     (3) Any county ordinance or resolution adopted under this section shall contain a provision allowing a credit against the county tax for the full amount of any city or town tax imposed under this section upon the same taxable event.

Sec. 5   RCW 77.32.560 and 2003 c 317 s 2 are each amended to read as follows:
     (1) The department may sell watchable wildlife decals. Proceeds from the sale of the decal must be deposited into the state wildlife ((fund)) account created in RCW 77.12.170 and must be dedicated to the support of the department's watchable wildlife activities. The department may also use proceeds from the sale of the decal for marketing the decal and for marketing watchable wildlife activities in the state.
     (2) The term "watchable wildlife activities" includes but is not limited to: Initiating partnerships with communities to jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours, maps, brochures, and travel aides, and offering grants to assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
     (3) The commission must adopt by rule the cost of the watchable wildlife decal. A person may, at their discretion, contribute more than the cost as set by the commission by rule for the watchable wildlife decal in order to support watchable wildlife activities. A person who purchases a watchable wildlife decal must be issued one vehicle use permit free of charge.
     (4)(a) Until December 1, 2011, the department, under the authority of the director, shall carry out a watchable wildlife raffle pilot project.
     (b) The pilot project must consist of no fewer than three separate watchable wildlife raffles and associated tours. The department shall select raffle winners from the pool of watchable wildlife decal holders. The department shall provide raffle winners with a wildlife viewing tour on department owned or managed lands, and in doing so may work cooperatively with nongovernmental entities and individuals. The tour should provide participants with a desirable, high quality, and rare wildlife viewing experience. The department shall seek to publicize the raffles and tours, including the tour destinations, to increase public awareness of the department's watchable wildlife program, watchable wildlife decals, and the pilot project.
     (c) During the pilot project, the department is encouraged to use other creative measures in an effort to increase the number of individuals who voluntarily purchase watchable wildlife decals.
     (d) The department shall provide the appropriate committees of the legislature with a brief summary of the pilot project and relevant policy recommendations, if any, by December 1, 2011.

Sec. 6   RCW 9.46.010 and 1996 c 101 s 2 are each amended to read as follows:
     The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.
     It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.
     The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.
     The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.
     The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.
     The legislature further declares that raffles authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys or as authorized under RCW 77.32.560 shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
     All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

Sec. 7   RCW 9.46.400 and 1996 c 101 s 3 are each amended to read as follows:
     Any raffle authorized by the fish and wildlife commission involving hunting big game animals or wild turkeys or under RCW 77.32.560 shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.

NEW SECTION.  Sec. 8   Sections 5 through 7 of this act expire January 1, 2012.