BILL REQ. #:  S-0737.1 

Read first time 01/19/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to damage caused by wildlife; amending RCW 77.36.005, 77.36.010, 77.36.040, 77.36.050, 77.36.060, 77.36.070, and 77.36.080; and adding a new section to chapter 77.36 RCW.

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, wildlife management techniques change, 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, the state's commercial livestock industry, and the value of healthy ((deer and elk)) wildlife populations, which can damage ((such)) crops and commercial livestock. The legislature further finds that damage prevention is key to maintaining healthy ((deer and elk)) wildlife populations, wildlife-related recreational opportunities, ((and)) commercially productive agricultural and horticultural crops, and a thriving commercial livestock industry, 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)) wildlife 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)) wildlife for commercial agricultural ((or)), horticultural, or commercial livestock products 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) "Commercial livestock" means cattle, sheep, and horses held or raised by a person for sale, trade, or barter, and from which the person derives an annual income from the sales of the animals in excess of ten thousand dollars.
     (2) "Crop" means a commercially raised horticultural and/or agricultural product and includes growing or harvested product but does not include livestock. For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims.
     (((2))) (3) "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))) (4) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild.
     (5) "Predatory wildlife" means bears, wolves, and cougars.

Sec. 3   RCW 77.36.040 and 1996 c 54 s 5 are each amended to read as follows:
     (1)(a) Pursuant to this section, the director or the director's designee may distribute money appropriated to pay claims for damages to crops caused by wild deer or elk in an amount of up to ten thousand dollars per claim. Damages payable under this section are limited to the value of such commercially raised horticultural or agricultural crops, whether growing or harvested, and shall be paid only to the owner of the crop at the time of damage, without assignment. Damages shall not include damage to other real or personal property including other vegetation or animals, damages caused by animals other than wild deer or elk, lost profits, consequential damages, or any other damages whatsoever. ((These damages))
     (b) Pursuant to this section, the director or the director's designee may distribute money appropriated to reimburse the owner of commercial livestock that has been killed by predatory wildlife, or injured by predatory wildlife to such a degree that the market value of the commercial livestock has been diminished, if during the current fiscal biennium the department has received appropriations from either the state wildlife account or the general fund above the amounts specified in RCW 77.36.070 and 77.36.080 for the reimbursement of damage to commercial livestock. Each individual animal represents one claim, and each claim must be paid the fair market value of the killed or injured animal up to the following values: Two hundred dollars for sheep, one thousand five hundred dollars for cattle, and one thousand five hundred dollars for horses.
     (c) Damage claim payments under this section shall comprise the exclusive remedy for claims against the state for damages caused by wildlife.
     (2) The director may, consistent with section 4 of this act, adopt rules for the form of affidavits or proof to be provided in claims under this section((. The director may adopt rules)) and to specify the time and method of assessing damage. The burden of proving damages shall be on the claimant. Payment of claims shall remain subject to the other conditions and limits of this chapter.
     (3) If funds are limited, payments of claims shall be prioritized in the order that the claims are received. No claim may be processed if:
     (a) The claimant did not notify the department within ten days of discovery of ((the)) damage to crops or within seventy-two hours of the discovery of a predatory wildlife attack on commercial livestock. If the claimant intends to take steps that prevent determination of damages, such as harvest of damaged crops, then the claimant shall notify the department as soon as reasonably possible after discovery so that the department has an opportunity to document the damage and take steps to prevent additional damage; or
     (b) The claimant did not present a complete, written claim within sixty days after the damage, or the last day of damaging if the damage was of a continuing nature.
     (4)(a) The director or the director's designee may examine and assess the damage upon notice, and may convene, upon its own initiative or on the request of the claimant, the commercial livestock valuation committee created in section 4 of this act to assist with the assessment of the damage.
     (b) The department and claimant may agree to an assessment of damages by a neutral person or persons knowledgeable in horticultural ((or)), agricultural, or commercial livestock practices. The department and claimant shall share equally in the costs of such third party examination and assessment of damage.
     (5) There shall be no payment for damages if:
     (a) The crops are on lands leased from any public agency;
     (b) The landowner or claimant failed to use or maintain applicable damage prevention materials or methods furnished by the department, or failed to comply with a wildlife damage prevention agreement under RCW 77.12.260;
     (c) The director has expended all funds appropriated for payment of such claims for the current fiscal year; or
     (d) The damages are covered by insurance. The claimant shall notify the department at the time of claim of insurance coverage in the manner required by the director. Insurance coverage shall cover all damages prior to any payment under this chapter.
     (6) When there is a determination of claim by the director or the director's designee pursuant to this section, the claimant has sixty days to accept the claim or it is deemed rejected.
     (7) The limitation on claim payments established in subsection (5)(a) of this section is limited only to crop damage and does not apply to commercial livestock damaged or killed on land leased by a public agency.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.36 RCW to read as follows:
     (1)(a) The commercial livestock valuation committee is created to assist the director with the determination of the market value of killed or injured commercial livestock for the purposes of reimbursing the owner under RCW 77.36.040.
     (b) In assisting with the determination of the market value of injured or killed commercial livestock, the members of the commercial livestock valuation committee must have access to all documentation regarding a particular claim, along with other information that is deemed useful by the committee members.
     (c) The recommendation of the commercial livestock valuation committee is deemed final when four or more of the committee members determine the fair market value, if any, for the claim in question.
     (2) The commercial livestock valuation committee is composed of seven members appointed by the commission. The membership of the commercial livestock valuation committee must be composed as follows:
     (a) Three members must be professionally involved in sheep production;
     (b) Three members must be professionally involved in cattle production; and     
     (c) One member must be professionally involved in horse production.
     (3) The members of the commercial livestock valuation committee are appointed for a four-year term. If a vacancy occurs on the committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term. After a term expires, a committee member may be reappointed.
     (4) The commercial livestock valuation committee must be convened at time intervals necessary to provide timely recommendations for claims filed under RCW 77.36.040. A majority of members currently serving on the committee constitutes a quorum, and the chair of the committee must be selected by the committee members. The department must provide staff support for all official committee meetings.
     (5) Each member of the commercial livestock valuation committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
     (6) The members of the commercial livestock valuation committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.

Sec. 5   RCW 77.36.050 and 1996 c 54 s 6 are each amended to read as follows:
     (1) If the claimant does not accept the director's decision under RCW 77.36.040, or if the claim exceeds ten thousand dollars, then the claim may be filed with the ((office of)) risk management division of the office of financial management under RCW 4.92.040(5). The ((office of)) risk management division shall recommend to the legislature whether the claim should be paid. If the legislature approves the claim, the director shall pay it from moneys appropriated for that purpose. No funds shall be expended for damages under this chapter except as appropriated by the legislature.
     (2) For livestock claims only, the risk management division of the office of financial management may consult the commercial livestock valuation committee created in section 4 of this act.

Sec. 6   RCW 77.36.060 and 1996 c 54 s 7 are each amended to read as follows:
     The director may refuse to consider and pay claims ((of)) for damage to crops for persons who have posted the property against hunting or who have not allowed public hunting during the season prior to the occurrence of the damages.

Sec. 7   RCW 77.36.070 and 1996 c 54 s 8 are each amended to read as follows:
     (1) The department may pay no more than one hundred twenty thousand dollars per fiscal year from the state wildlife ((fund)) account created in RCW 77.12.170 for crop claims under RCW 77.36.040 and for assessment costs 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 damage occurred in a place where the opportunity to hunt was not restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage.
     (2) The department may pay no more than the amount indicated for predatory wildlife damage in the current fiscal biennium's appropriation to the department from the state wildlife account for claims under RCW 77.36.040 and for assessment costs and compromise of predatory wildlife claims. The money must be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040.

Sec. 8   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 crop 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 department may pay no more than the amount indicated for predatory wildlife damage in the current fiscal biennium's appropriation to the department from the general fund for claims under RCW 77.36.040 and for assessment costs and compromise of predatory wildlife claims. The money must be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040.
     (3) The legislature may declare an emergency, defined for the purposes of this section as any happening arising from weather, fire, or other natural conditions((, or fire)) that causes unusually great damage to ((commercially raised)) commercial livestock by predatory wildlife or to agricultural or horticultural crops by deer or elk. 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.