BILL REQ. #:  S-0587.2 

Read first time 01/14/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to the governance of the department of fish and wildlife; amending RCW 43.17.020, 77.04.013, 77.04.055, 77.04.030, and 77.04.060; creating a new section; and providing an effective date.

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

Sec. 1   RCW 43.17.020 and 2007 c 341 s 47 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, and (18) the executive director of the Puget Sound partnership.
     Such officers((, except the director of fish and wildlife,)) shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.))

Sec. 2   RCW 77.04.013 and 1995 1st sp.s. c 2 s 1 are each amended to read as follows:
     The legislature supports the recommendations of the state fish and wildlife commission with regard to the commission's responsibilities in the merged department of fish and wildlife. It is the intent of the legislature that, beginning July 1, 1996, the commission assume regulatory authority for food fish and shellfish in addition to its existing authority for game fish and wildlife. It is also the intent of the legislature to provide to the commission the authority to review and approve department agreements, to review and approve the department's budget proposals, to adopt rules for the department, and to select commission staff ((and the director of the department)).
     The legislature finds that all fish, shellfish, and wildlife species should be managed under a single comprehensive set of goals, policies, and objectives, and that the decision-making authority should rest with the fish and wildlife commission. The commission acts in an open and deliberative process that encourages public involvement and increases public confidence in department decision making.

Sec. 3   RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
     (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
     (a) Review and prescribe basic goals and objectives related to those policies; and
     (b) Review the performance of the department in implementing fish and wildlife policies.
     The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
     (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
     (3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
     (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
     (5) The commission shall adopt rules to implement the state's fish and wildlife laws.
     (6) The commission shall have final approval authority for the department's budget proposals.
     (7) The commission shall select its own staff and shall ((appoint)) advise the governor regarding appointment of the director ((of the department)). ((The director and)) Commission staff shall serve at the pleasure of the commission.

Sec. 4   RCW 77.04.030 and 2001 c 155 s 1 are each amended to read as follows:
     (1) The fish and wildlife commission consists of ((nine)) five registered voters of the state. ((In January of each odd-numbered year,))
     (2) The governor shall appoint commissioners, who must be registered voters, with the advice and consent of the senate ((three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified)). Commissioners serve for a term of three years. The governor shall appoint two commissioners each January, except every third January following January 2010 the governor shall appoint one commissioner.
     (3) If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. ((Three))
     (4) Two members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, ((and three)) two members shall be residents of that portion of the state lying west of the summit of the Cascade mountains, and one member shall be appointed at-large. ((Three additional members shall be appointed at-large.)) No two members may ((be residents of)) reside in the same ((county)) administrative region recognized by the department on the effective date of this section.
     (5) The legal office of the commission is at the administrative office of the department in Olympia.

Sec. 5   RCW 77.04.060 and 1993 sp.s. c 2 s 63 are each amended to read as follows:
     (1) The commission shall hold ((at least)) one regular meeting during the first two months of each calendar quarter, and may hold up to two special meetings each calendar year when called by the chair and by ((five)) three members. All five members constitute a quorum for the transaction of business.
     ((The commission at a meeting in)) (2) Each ((odd-numbered)) year the commission shall elect one of its members as ((chairman)) chair and another member as ((vice chairman)) vice-chair, each of whom shall serve for a term of ((two years)) one year or until a successor is elected and qualified.
     (3) Members of the commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 6   (1) In order to effectuate section 4 of this act, the position of each sitting commissioner is considered vacated on January 1, 2010.
     (2) The governor shall then appoint five registered voters to the commission, with the advice and consent of the senate, on January 1, 2010. The governor shall appoint one member for a three-year term, two members for a two-year term, and two members for a one-year term.
     (3) Nothing in this section or section 4 of this act prohibits the governor from appointing a sitting commissioner whose position is considered vacated under subsection (1) of this section as a commissioner under subsection (2) of this section.

NEW SECTION.  Sec. 7   Sections 4 and 5 of this act take effect January 1, 2010.