BILL REQ. #:  H-2985.1 

Read first time 01/12/12.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to compensation for wildlife damage; amending RCW 77.36.100 and 77.36.120; reenacting and amending RCW 77.36.010; and repealing RCW 77.36.070, 77.36.080, 77.36.130, and 77.36.150.

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

Sec. 1   RCW 77.36.010 and 2009 c 521 s 184 and 2009 c 333 s 54 are each reenacted and amended to read as follows:
      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agriculture or wildlife professional" means a person who is, by virtue of academic or professional training, able to identify wildlife interactions and identify the loss of value to commercial crops or commercial livestock due to wildlife interactions.
     (2) "Claim" means an application to the department for compensation under this chapter.
     (((2))) (3) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the purposes of this chapter all parts of horticultural trees shall be considered a commercial crop and shall be eligible for claims.
     (((3))) (4) "Commercial livestock" means cattle, sheep, and horses held or raised by a person for sale.
     (((4))) (5) "Compensation" means a cash payment, materials, or service.
     (((5))) (6) "Damage" means economic losses caused by wildlife interactions.
     (((6))) (7) "Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild.
     (((7))) (8) "Owner" means a person who has a legal right to commercial crops, commercial livestock, or other property that was damaged during a wildlife interaction.
     (((8))) (9) "Wildlife interaction" means the negative interaction and the resultant damage between wildlife and commercial crops, commercial livestock, or other property.

Sec. 2   RCW 77.36.100 and 2009 c 333 s 55 are each amended to read as follows:
     (1)(a) ((Except as limited by RCW 77.36.070 and 77.36.080,)) The department shall ((offer to)) distribute money ((appropriated)) to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of commercial livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the commercial livestock has been diminished. ((Payments for claims for damage to commercial livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not exceed the total amount specifically appropriated therefor.)) The department shall pay all valid claims made by owners without the ability to deny or condition the claim and without requiring documentation beyond the claim filed by the owner. However, all claims valued by the owner at greater than one thousand dollars must be accompanied by a third-party damage assessment produced and attested to by an agriculture or wildlife professional hired by the owner.
     (b) Owners of commercial crops or commercial livestock are only eligible for a claim under this subsection if((:
     (i))) the owner satisfies the definition of "eligible farmer" in RCW 82.08.855((;
     (ii))) and the conditions of RCW 77.36.110 have been satisfied((; and
     (iii) The damage caused to the commercial crop or commercial livestock satisfies the criteria for damage established by the commission under this subsection.
     (c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and commercial livestock qualifying for compensation under this subsection. An owner of a commercial crop or commercial livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or commercial livestock, which may not be set at a value of less than five hundred dollars)).
     (2)(a) The department may offer to provide noncash compensation only to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or commercial livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under this subsection.
     (b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or commercial livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
     (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this subsection.
     (b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
     (((4) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim:
     (a) Is denied; or
     (b) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.))

Sec. 3   RCW 77.36.120 and 2009 c 333 s 57 are each amended to read as follows:
     The department shall establish:
     (1) The form ((of affidavits or proof required to accompany all)) for claims under this chapter, which must be made available for download on the department internet web site;
     (2) ((The process, time, and methods used to identify and assess damage, including the anticipated timeline for the initiation and conclusion of department action;
     (3))) How claims will be prioritized when available funds for reimbursement are limited; and
     (((4))) (3) Timelines after the discovery of damage by which an owner must file a claim or notify the department((;
     (5) Protocols for an owner to follow if the owner wishes to undertake activities that would complicate the determination of damages, such as harvesting damaged crops;
     (6) The process for determining damage assessments, including the role and selection of professional damage assessors and the responsibility for reimbursing third-party assessors for their services;
     (7) Timelines for a claimant to accept, reject, or appeal a determination made by the department;
     (8) The identification of instances when an owner would be ineligible for compensation;
     (9) An appeals process for an owner eligible for compensation under RCW 77.36.100 who is denied a claim or feels the compensation is insufficient; and
     (10) Other policies necessary for administering this chapter)).

NEW SECTION.  Sec. 4   The following acts or parts of acts are each repealed:
     (1) RCW 77.36.070 (Limit on total claims from wildlife account per fiscal year) and 2009 c 333 s 59 & 1996 c 54 s 8;
     (2) RCW 77.36.080 (Limit on total claims from general fund per fiscal year -- Emergency exceptions) and 2009 c 333 s 60 & 1996 c 54 s 9;
     (3) RCW 77.36.130 (Limit on cash compensation -- Burden of proof) and 2009 c 333 s 58; and
     (4) RCW 77.36.150 (Review of rules and policies) and 2009 c 333 s 64.